C SPECIAL BOARD OF ADJUST~1NT 110. 122
0
P THE PITTSBURGH ~ AND LAIC MIE RAILROAD COMPANY Award !To. 25
Y THE LAKE ERIE. AND ZASTERII RAILROAD COMPANY Case No. 30
vs
BROTHERHOOD OF RA='!AY AP,1D STBAtxtSHIP CLrtMnKS,
FREIGHT HANDLiMSx 3~rPRRVSS AND STATION EMPLOYES
Claim of Clerk Thomas J. Stinson for eight hours punitive time at rate
of Job No. 2, New Castle Junction, for January 3, 1955, and subsequent
dates, account other crafts performing clerical work at New Castle
Junction in violation of the Clerks? Agreement. (CL-297)
FITDIn]GS: The 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.
The Board has jurisdiction over the dispute involved herein. The
parties to said dispute were given due notice of hearing thereon.
Notwithstanding the General Yardmaster?s notice of disallowance of claim
was issued after the Assistant Superintendent already had rejected same, the
defect did not prejudice claimants rights to appeal his cause of action to the
Director of Personnel pursuant to the terms of Agreement dated March 15, 1956..
Since it reasonably may be concluded from the evidence that less
than
three hours of clerical work remained to be performed at New Castle Junction
Yard following the abolishment on December 319 1954, of stenographer-clerk Job 2
at that location, Section 2 of Letter Agreement of February 8, 1952, expressly
authorizes the delegating of said remaining duties to the Yardmaster.
Section 3 of said Agreement sets forth joint check procedures for resolving differences of opinion as to ewtent of clerical work incidental to a
given District No. 27 position.
On a failure to take advantage of the joint check arrangement referred
to in said Section 3, there is no room to argue that more than three hours of
clerical work still remained.
Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 122
/s/ Harold M. Gilden
Harold 11. Gilden, Neutral and Only Member Thereof.
Pittsburgh, Pa.
April 24, 1958.