Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32101
Docket No. CL-32508
97-3-95-3-405
The Third Division consisted
of
the regular members and in addition Referee
James E. Yost when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Terminal Railroad Association
of
St. Louis
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-11166) that:
1.) Carrier violated the provisions
of
the TCU Agreement, expressly
Rule 50 and any associated rules contained therein, when it unilaterally
applied a rate
of
pay $115.04 per day to Bulletin No. 13, dated May 4, 1994
a newly established Crew Clerk position CB76, at Madison, Illinois, which
is not in conformity with rates for positions
of
a similar kind or class in the
seniority district.
2.) As a result
of
such impropriety, Carrier shall now be required to
compensate each Extra Employe commencing Wednesday, May 11, 1994
who performed or will perform service any day on Crew Clerk position
CB76, second shift hours 3:0Opm - 11:00pm, for an additional 53.84 per
day which will bring the rate
of CB76
to 5118.88 and continuing until
settled."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning
of
the Railway Labor Act, as
approved June 21, 1934.
Form 1 Award No. 32101
Page 2 Docket No. CL-32508
97-3-95-3-405
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Board as a whole finds that the facts and arguments presented in this dispute
are not distinguishable from those presented in Third Division Award 32099. For the
reasons set forth in that Award, this claim will be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 9th day of July 1997.