DOCKET N0. 101 --.- Dec.tsion by ~emmittee

International Brotherhood of Teamsters, Chauffeurs, ) Warehousemen and H~lpars, Local 518, Marine Employees )

VS. ) PARTIES TO DISPUTE Eri=-Lackawanna Railroad Company )

QUESTION: :.ocsl #518, Marine Employees, International Brotherhood of Teamsters,
Chauffaurs, Warehousemen and Helpers claims Paul Cannariato was given
arbitrary seniority on a Brotherhood of Railway and Steamship Clerks' roster which
would have materially reduced the amount of Displacement Allowance d-=e him had he
chosen to ignore ic.

FIND.-.NGS: On May 22, 1961, agreement was reached with the Brotherhood of Railway
Clerk implementing the New Orleans Conditions, the Washington Agreement
of May, 1936, and the system rules agreements of the Clerks with the two former
railroads (Eri=-DI&W).

- Carrier asserts that as of the date of the merger (October 17, 1960)

claimant was perfcr-ming full time clerical work in the Boat Dispatcher's Office
on former Erie, notwithstanding his being paid oilers' rate of pay.

Subs=q~:ent to merger and the delay encountered by court action implementing agreement was consummated with the Brotherhced of Railway and Steamship Clerks and by separate memorandum of agreement dated June 15, 1961, clerical positions in the separate Marine Depts. of former Erie and former Lackawanna were merged and the work consolidated and integrated.

Claimant's name and seniority date as a clerk was shown as March 14, 1945 on affidavit.

Claimant under date of June 27, 1961 in the exercise of his clerical seniority bid for various positions in the office of Boat Dispatcher and was awarded the position of Assistant Boat Dispatcher, effective July 19, 1961.

Claimant was not compelled to exercise his seniority rights under the clerk;' agraNent. The record discloses that management informed him that if he exercised the seniority which he had on the Marine Oilers' seniority roster = dated Ncvem=er 26, 1940 - in applying Section 6a of the Washington Agreement the carrier would in determining his displacement allowance follow that portion reading as follows:

"* * * except however, that if he fails to exercise his senicrity rights to secure another available position, which does not re= q.:ire a change in residence, to which he is entitled under ·h= works.ng agreement and which carries a rate of pay and ccmpensa.. tion exceeding those of the position which he elects to retain, he shall thereafter be treated for the purposes of this section as occupying the position which he elects to decline."

DECISION: Claim denied.

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