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.
December 20 and 21, 1954 Catherine M. Gallo
December 22, 1954 ' Jane C. Kalenik
December 23 and 24, 1954 Edward V. Timlin
December 27, 1954 Lorraine J. Babich
December 28 and 29, 1954 Blanche Robertson
(CL-287)
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.
ATJARD: Claim sustained for one pro rata dayts pay for each date involved in
accordance with the above findings.
SPECIAL BOARD OF ADJUSTMENT N0. 122
/s/ Harold M. Gilden
Harold M. Gilden, Neutral and Only Member Thereof
Pittsburgh, Pa.
April 24, 1958.