SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks,
TO ) Freight Handlers, Express and Station Employes
DISPUTE) and
Western Maryland Railway Company
QUESTIONS 1. Did the Carrier violate the provisions of Article
AT ISSUE: IV, Section 1 of the Agreement, when, commencing on March
24, 1972 it refused to properly compensate Mr. E. W.
Springer, stockman, a "protected employe" under the terms
of the February 7, 1965 Stabilization of Employment
Agreement, the difference between his protected rate and
the position he now holds?
2. If the answer to the above is in the affirmative,
shall the Carrier now be required to compensate Mr. E. W.
Springer for the difference?
OPINION Claimant is a protected employee pursuant to the February
OF BOARD: 7, 1965 National Agreement, inasmuch as his employment
relationship dates from July, 1929. On October 1, 1964,
he was assigned to the position of Stockman-Expediter
Diesel Material at a rate of $2.87 per hour; and as of April 1, 1972, due
to subsequent general wage increases, his protected rate was $4.6643 per
hour.
On March 23, 1972, when Claimant's position as a StockmanExpediter was abolished, his rate was $4.74 per hour. Thereafter, as a
result of exercising his seniority rights, he was able to obtain a position
as Stockman, paying a rate of $4.3837 per hour.
In due course, the Organization filed the instant claim
alleging that Claimant's protected rate should be $4.74 per hour, instead
of $4.6643 per hour -- a difference of .0754 cents per hour. The basis for
the Organization's contention is stated as follows:
"The issue stems from the provisions of Article IV
that guarantees compensation 'shall be adjusted to include general wage increases.' The Employes contend that
the 6C per hour accorded the position occupied by the
Claimant quite properly comes under the cater_ory of a
subsequent general wage increase."
Furthermore, the Organization argues that Award Nos. 147
and 210 of SBA No. 605 support its position. In those Awards, the Organization contends that the Board, in referring to a general increase, stated
as follows:
Award No. 371
Case No. CL-63-E
-2-
"A wage increase need not be uniform to be
'general'. For example, percentage increases
give varying dollar increases, And an average increase of 10 cents over the unit is 'general',
although it may not be 10 cents across-the-board
for every classification and each individual."
Without derogating the substance of the above quote, we
note that the Organization has carefully refrained from citing our Award
Nos. 163 and 106 of SBA No. 605. In an effort to place in proper focus
the Organization's thrust, we believe it pertinent to quote the following,
contained in Award No. 163, viz:
"We now approach the question of a general
wage increase versus an inequity increase. In a
general wage increase, all covered employees
receive an equal cents-per-hour increase acrossthe-board, or percentage increase. The impact
here is on all employees. Hence, an inequity
increase is the antithesis of a general wage increase."
Thereupon, in an endeavor to expedite the distribution of
the April 2, 1968 Classification-Evaluation Fund, the parties involved
herein entered into an Implementing Agreement on June 7, 1968. Pursuant
'1r
thereto, "the fund was distributed in varying amounts among selected
positions ranging from a high of 24.5 per hour to a low of 3C per hour."
Consequently, we concluded in similar instances between the same parties,
previously, that such distribution was not a general wage increase.
In addition, we would cite our recent Award No. 361 of
SBA 605, dated June 28, 1973, wherein the following is contained, to wit:
"Needless to say, we are convinced that the
increases granted from the Classification and
Evaluation Fund were designed and intended to be
distributed for the purpose of eliminating inequities and not to ' ---unbalance established
justified differentials and recognized relationships between classes of employees, thereby creating new inequities."'
In summary, we adhere to our previous Awards wherein we
explicitly delineated the difference between a general and inequity wage
increase. Hence, it is our conclusion that the instant Claim should be
denied.
Award No.
371
Case No.
CL-63-E
-3-
Award
The answer to the questions is in the negative.
Murr M. R a :n
Nkutral Member
Dated: Washington, D. C.
October
26, 1973