C Award No. 14
0 Docket No. 14
P
Y
BROTHERHOOD OF RAIIt'7AY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD C014PANY
STATEM;DIT OF CLAIPf: Claim of the General Committee of the
Brotherhood of
Railway and Steamship Clerks, Freight Handlers, Eapress
and Station Employes on the Missouri Pacific Railroad, that the Carrier
violated the Clerks? Agreement:
(a) Then on Sunday, May 13, 1956, and subsequent Sundays, it
compensated employes for their services performed as Foremen,
Assistant Foremen, Clerks and Laborers, at Carriers Kansas
City, P,Iissouri Freight House at pro rata rate of pay;
(b) That each employe (claimant) named in statements appended
hereto and mide a part hereof, be paid the difference be
tween pro rata and overtime rate for services performed on
Sundays, May 13, 20, 27, June 3, 10, 17 and 24, 1956, and like
restitution be made to all employes for services performed on
subsequent Sundays until the rule violation is corrected.
(Statement of individual claimants in the record not reproduced.)
FINDINGS: In accordance with the provisions of Rule 26 (c), the parties
entered into a Memorandum of Agreement on March 16, 19550 for
the establishment of 7-day positions in the Freight House at Kansas City,
Misscuri,which contained a termination clause as follows:
UIt is further understood that this Agreement is made for the
purpose named herein and same may be cancelled by 30-day written
notice of one party to the other.°?
It appears that the Organization gave notice to cancel the Agreement on April 12, 1956. The Carrier denied the Organizations right to
terminate the Agreement because there had been no charge in the need for
7-day positions and the purpose stated in the Agreement rendered the notice
of cancellation ineffective.
Ile find that the Agreement was subject to cancellation in accordance with its terms by a 30-day written notice of either party to the other.
Time claims for punitive pay for Sundays were filed commencing in
May 1956. It is our view that such time claims were premature because there
was a bona fide dispute as to whether the Areement could be cancelled based
on sufficient substance that the Agreement could not be considered cancelled
until this decision has been rendered. Accordin.gly, the time claims are.
dismissed.
Award No. 14.
Docket No. 14.
In other words, we find-that upon resolution of the dispute as to
whether the Agreement of bfarch
16, 1955,
could be cancelled, the parties
are properly relegated to their respective positions under the schedule
rules that existed prior to the execution of such Agreement.
The time claims covering Sundays, starting Nay 13,
1956,
are dismissed. The Memorandum of Agreement of I-larch
16, 1955,
can properly
be cancelled upon 30-day written notice of one party to the other and is
accordingly found to be now cancelled.
SPECIAL
HOARD OF ADJUSTMENT NO.
166
Isl
Dudley E. Whiting
Dudley E. Whiting - Chairman
Is/
I. F. Thomas
I. F. Thomas - Employe Member
St. Louis, DIissouri
April 11,
1957
Zs/
G. tV.
Johnson
G. W. Johnson - Carrier Hember