C SPECIAL BOARD OF ADTUSTi-]ENT N0. 122
0
P THE PITTSBURGH AHD LAI2 ERIC RAILROAD COMPANY Award No. 26
Y THE LAKE ERIE AND EASTERN RAILROAD COMPAidY Case No. 31
vs
BROTHERHOOD OF RAIIITAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES

STATEMENT OF CLAIM:

Claims of clerks listed below for one dayps pay for each date listed at punitive rate account other crafts performing clerical work at LE&E Ohio Itorks Yard in violation of the Clerks9 Agreement. (CL-294)

Claimant Dates Claimed
E. L. Giblin September 18; 24; October 1; November 12, 19, 1954
G. 1.1. Doman September 19, 20, 26, 27; October 4, 11, 25; November 7, e, 21,
22, 23, 29, 1954.
J. M. Kadilak September 19; October 2, 1.6, 31; November 13, 27, 1954.
J. F. Frush September 20, 26; October 4, 11; November 1, 15, 1954.
N. 11. Frush September 21, 22, 28; November 2, 16, 17, 23, 1954.
D. E. Hewitt September 21; October 20; November 2, 3, 10, 23, 24, 1954.
B. H, Butcher September 23, 30; October 7; 21; November 11, 19540
G. E. Taafe September 24, 25; October 3, 18; November 1, 8, 15, 25, 1954.
D. D. Baker September 27; October 19, 26; November 9; 10; 17, 24, 1954.
E. J. Powers September 29; October 13, 26; November 9, 18, 1954.
D. E, Curran September 25; October 2, 23; 31; November 13, 14, 20, 1954.
R. J. Saiani September 309 October 8, 15, 28; November 13, 1954.
J. A. Marinelli October 1, 8,-22, 24; November 12, 30, 1954.
II. J. Kadilak October 6; 13; 20; November 3, 1954.
A, If. Calcagni October 9, 10; 17, 24, 30; November 6, 7, 14, 28, 1954.
E. D. Yatsko October 9, 17, 23;'November 6, 20, 26, 1954.
W. Orechoneg October 14, 21, 27, 2u^; November 4, 1954.
J. W. Gregg September 18; October 3, 30; November 21, 27, 1954.
R. L. Stiteler September 22, 23, 29; October 7; November 4, 11, 25, 1954.
J. V. Flaherty, Jr. October 29; November 5, 19, 30, 1954.
P. H. Keffer October 29; November 5, 26, 1954.

FIdDINGS: 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.



Section 3 of Agreement of February O, 1952, provides the method for determining whether or not the volume of clerical work remaining to be performed subsequent to the abolishing of Yard Clerk Jobs 173 and 273 at the LEM Ohio Works Yard (District No. 27 jobs) amounted to more or less than three hours per day. Until those procedures are first utilized, the instant cause of action is premature.

As to the alleged violation of Agreement of March 15, 1954, see Award No. 25, Case No. 30, Special Board of Adjustment No. 122.

AWARD: Claims denied.

                        SPECIAL BOARD OF ADJUSTMENT N0. 122


                        /s/ Harold II. Gilden

                        Harold id. Gilden, Neutral and Only Member Thereof


Pittsburgh, Pennsylvania April 24, 1958.

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