SPECIAL HOARD OF ADJUSTI%LaIT N0. 166
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
Award No. 10
Docket No. 10
OF CLAIi3: Claim of the General Committee of the Brotherhood of Railway
and Steamship Clerks; Freight Handlers, Express and Station
Employes on the Missouri Pacific Railroad, that the Carrier violated the Clerks'
Agreement:
1. When, effective on or about February 1, 1955, it required the
Claim Clerk, Mr. G. S. Titsworth at Fort Smith, Arkansas, rate
;14.4$ per day, assigned hours 11AM-7PDI. Monday through Friday,
to suspend work during his regularly assigned hours from the
position of Claim Clerk and take over and perform the duty of
a Bill Clerk, an established position, rate ,14.96 par day, 11AId
to 7PM, Monday through Friday and assume the fulfillment of
the duties and responsibilities of the Bill Clerk position for
the period, each day, as shown in our Claim Statement, attached
hereto and made a part hereof, February, 1955, to August, 2955s
both months inclusive, and failed and refused and continued to
refuse to adjust the rate to~a level with Hill Clerkta rate -314.96 per day, on such days, in violation o£ the intent and
purpose of a proper application of the Preservation of Rates
Rule 31(c) of the Clerks? Agreement;
2. Claim Clerk G. S. Titaworth shall be paid for the difference
3n the rate of Claim Clerk, ")14.48 per day and Bill Clerk, 314.96
. per day, or 48¢ per day, for each day the Claire Clerk was required to perform Bill Clerk work, beginning February 14, 2955,
such-claims to continue subsequent to the last day of August,
2955, each day that the Claim Clerk was required to perform B111
Clerk work, until the dispute is disposed of and the claim satisfied.
CLAIN STATEP1E NT '
G. S. Titsworth, Claim Clerk, X14.48 per day, Local Freight Office, Ft. Smith, Ark.
Claim Dates
Beginning February 24
March, April, May, June
July and August, 1955,
on dates each month as
stipulated in
it s
11-1 February
11-2
March
11-3 April
11-4 .May
11-5 June
.11-6 July
11-7 August
Amount Basis of Claim
4FOper day Difference in rate of Claim Clerk, 'uI14.4$
per day and Bill Clerk, X14.96 per day,
for each date required by Carrier to perform and assume fulfillment of duties and
responsibilities of a Bill Clerk - `
February
March
April
May
June
July
August
10 days 04$¢
zl days o48¢
19 days Q4S¢
20 days Q48¢
15 days ®48¢
9 days C48¢
18 days Q48¢
Total
a
4.So
10.0$
9.12
9.60
7.20
4.32
8.64
53.76
i
Award No. 10
Docket No. 10
FINDINGS: Award
6965
of the Third Division, between the same parties,
involved a very similar situation. That award sustained claims
for the time the position was occupied, even to portions of a day, under
Rule 31(c). Ile are not disposed to overrule that award on this Hoard and
consequently sustain this claim in accordance therewith.
AWARD: Claim sustained in accordance with Award
6965.
SPECIAL HOARD OF ADJUSTMENT N0. 166
/s/ Dudley E. Whiting
Dudley E. Whiting -- Chairman
/s/ Ira F. Thomas /s/ G. W. Johnson
I. F. Thomas - Employe Member G. Id. Johnson - Carrier Member
St. Louis, Missouri
January
17, 1957
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