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DISPUTE ) .~;d
Chesapeake
and Ohio Rai7.o,< Coaya:: 'C::es4 -_ .,
"Y Y l . -·e _stri.ct)
QUESTIONS
AT ISSUE: (1)
;a
Clai::ar.t E . E. ?:c~=;iia c: tit1_.eJ to p; c~_,.~cd
rate of $28.08 pc_ day (1SC5
_2.L--), t:'
:_ ra:c"of
the -position to which ae was reg::i _-iyussig=:ed
071
October I, 117!,-·?
(2)
i1
the answer t0 QtL_^.St10i1
i0.
1 is
iT:
the ,.,«ir:7
at1Ve, shall the Carrier
::G:7
be reC:L::re:d. t::
CO
penswe E.
L.
Adkins for any less sus=air,:c by
reason of its failure to so protect him at that
rate?
OPINION
OF E02iuD: The parties are in agreement as to ti:e facts. Th rough a
series of errors, ?:d:cins was per::itted to dis?lace Dillon
and inns himself
displaced
by a senior < :?loyec. _..~rea~ter,
chin was filed on 'Dehal-= of Dillon which w_,s settled for
$1,451.82. HOS·)CVeY, althCug:; Adkins
i:aS
am_-r0~ erly Gn tn1S
position on October
1,
1964, neVertaeleSS, the Orga^.1Zati0 ; contends that
he should continue to be paid on the basis of the higher rate.
The issue presented herein involves the unusual situation
that despite having only one position of Special __atistical Cler::
A-210, rate Of $29.49 per day, the Car--ier, at the present is
paying two employees the specified rate for this position
under
t',^.e
Job Stabilization ASreez!2nt.
The genesis of th is dile:_..a n·z the G_,·-;a::izac-io::'s contention that Dill-on. was the proper inc~L-.'=ent cf the job on Cctcber 1, 1964,
instead of Ad,cins, to w::ic;i the Carrier agreed. Subseuuently, to
OrZz, ization reversed its position and al-vued that -.dz-ia wzs .`.'.e
proper employee. 'Hence, the Organization.^.OL) insists that both
employees be protected on the one position.
It appears to us that Claimant Dillon, t~:e pro-Der incumbent of the position, is the only one who is entitled to the protection.
AG;
and
Based on the facts in this case the answar to euestior.s
I and 2 is in the relative.
,-
..._
:.i',f.i, ( i
~ _ -: ~ ,~- ~~c-'~"
.
'furrcy JL. Rch.·.;SrJ.J ~ -. _- ,
Neutral u:o.^.:cer
Dated: Washington, J. C.
.;arch 7, 1969