Docket No. 7
AWARD NO. 2
P=C LAW BOARD NO. 3539
BROUHOOCO OF MArraIENX.7CE CP WAY EMPLOYEES
versus
MLSSUJRI PA=C RAIIFOAD CU-TANY -
STAMFNIW
CF CLAM: Claim of the System Canaittee that:
"Claim of Machine Cperatar T. Daniels, Red River
Division, for the difference between the monthly
rate of $1,740.60 per month and the hourly rate
of $9.4914 far each ad every hour compensated,
including overtime beginning pier 1, 1981, and
continuing until the monthly rate is restored
to his job as YST Cperatcar, because the Agreement
of October 7, 1959, and the General Duties Sixth
and Seventh of the Railway
Ta~wr
Act were allegedly
violated.
FIND=: The procedural issue raised by the Carrier is not
discussed because this claim must. be denied on the merits.
There is no dispute that before 1976 and subsequently there_
has been a negotiated hourly rate of pay for YST Operator,
which under the Agreement could only be changed by the
duly authorized representatives of the parties. Nevertheless, a District Engineer changed it to a monthly rated -
job in 1976 and such change was not noticed by the Accounting
Departement until 1981,
when the
hourly rate was again made
effective. This claim was filed thereon.
Regardless of how long practices which are inconsistent with
the Agreement exist, they do not change the Agreement but
remain revocable when discovered.
NRAB awards have held Carriers to be bound by actions of
their agents in the conduct of their business but none have
been cited and we know of- no authority for the proposition
that rates of pay can be changed by any carrier agent other
than the duly authorized representative therefor, which in
this case is the Director of Labor Relations.
AWARD: Cla=imed.
/lN~·. 3i
ey E
M.
Employee Mmber
November 1, 1984
W. E: aro
Carrier Man