C SPECIAL BOARD OF ADJUSTI-IENT 140. 122
0
P THE PITTSBURGH AND LAKE ERIE RAILROAD COMPANY Award No. 39
Y THE LAKE ERIE AND EASTERN RAILROAD COMPANY Case No. 49
vs
BROTHERHOOD OF RAILi7AY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

STATF14ENT OF CLAIM:

Claims of clerks listed below for a dayps pay at the punitive rate account of the work at Belle Vernon Station being performed by persons not covered by the scope of the Clerks' Agreement on the dates shown.








FINDINGS: 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.

The additional personnel required to handle the increased volume of clerical work at Belle Vernon Freight Station should have been recruited from employees covered by the OlerksQ Agreement, rather than to be delegated to the Freight Agent. In other words, an additional job opening existed which should have been filled in the same manner as was the vacancy which resulted from the regular assigned ClerkQS vacation absence.

The proper basis of recovery herein is the straight time rate. See Award No. 17, Case No. 28, Special Board of Adjustment No. 122.






                    Harold M. Gilden, Neutral and Only Member Thereof


Pittsburgh, Pa. April 24, 1958.