C Award No. 28
0 Docket No. 28
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 166
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
1. Carrier violated the Agreement in the Office of Auditor Freight Traffic,
General Office, St. Louis, Missouri, when, on Saturday, September 15,
1956, it utilized
H. W. Hamilton seniority date February 6, 1926
M. F. Nieman seniority date April 11t, 1927
J. R. Pressgrove seniority date July 20; 1927
A. D. Svrinney seniority date Sept. 9, 1941
H. S. Wren seniority date April 21, 1942
Connie DuPree seniority date July 22, 1942
to work eight hours authorized overtime, on an "unassigned dayU instead
of utilizing
Julius Kasselman seniority date October-l, 1919
A. J. Wigge seniority date April 8, 1918
V. M. Johnson seniority date July 16, 1918
E. F. Parr seniority date October 20, 1918
H. R. Nommensen seniority date September 25, 1919
H. R. Schulz seniority date April 1, 1914
senior clerical employes entitled to the work, in violation of Rule 25(b)
of the Clerks? Agreement;
2. The Carrier shall pay Clerks Kasseiman9 Wigge, Johnson, Parr, Nommensen
and Schulz for wage loss sustained, i.e., a day?s pay each in the amount
of $25.71.
FINDINGS: The confronting claims concern request of six named claimants for one
day?s pay account failure of respondent to properly allocate authorized
overtime on the enumerated %nassigned days.'?
The confronting disputes arise out of the consolidation of certain
Carrier properties and the transfer of certain work and employes from Texas to
St. Louis, Missouri.
To achieve the end sought, the*parties entered into a Memorandum of
Agreement bearing date of March 23, 1956, such Agreement containing a paragraph
designated as Article V. It is the opinion of the Board that Article V of the
Agreement was promulgated for the purpose of eliminating monetary claims or
reparations-arising therefrom account of discontinuance, merger, consolidation,
or transfer, in connection with, or by reason of the consolidation of departments
occasioned by this reorganization.
Award No. 28
Docket go. 28
It is the opinion of the Hoard, and it so finds, that on the basis of
the facts in this particular case, it is reasonable to conclude that the work
performed by those employes transferred from Texas did not become subject to the
first sentence of Article V of the aforesaid Memorandum of Agreement bearing date
of March 23, 1956. For the reasons stated, these claims are meritorious.
AITARD: Claims sustained.
SPECIAL BOARD OF ADJUSTMENT NO, 166
s Uvingston Smith
Livingston Smith - Chairman
Is/
Ira F. Thomas /s/ G. W. Johnson
I. F. Thomas - Employe Member G. HJ. Johnson - Carrier Member
St. Louis, Missouri
September 20, 1957
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C
q1
It
Interpretation of Award No. 28
0 Docket No. 28
P
Y
SPECIAL BOARD OF ADJUSTMENT N0. 166
BROTHERHOOD OF RAID=JAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
Pursuant to the jointly executed request by the duly authorized
representatives of the parties hereto, the Chairman of the Board enters the
following interpretation of Award No. 28.
The parties have expressed uncertainty as to the intent of the Board
when it entered its Award to the extent of i~claims sustained0
It is apparent that this request for interpretation is occasioned by
the fact that the Award did not specifically specify as to whether or not the
claims sustained were to be paid at the pro rata
or
punitive rate. We are
fully cognizant of, and herewith reiterate, our adherence to that line of
awards of the Third Division of the National Railroad Adjustment Board, wherein
it has been held that the proper penalty rate for time not worked is the pro
rata rate. No work was performed here, so, therefore, the proper rate to be
paid in this particular instance is the pro rata rate.
SPECIAL BOARD OF ADJUSTMENT N0. 166
Ls(
Livingston Smith
Livingston Smith - Chairman
I dissent:
IsLIra F. Thomas /s/ G. W. Johnson
I. F. Thomas - Employee Member G. 1'd. Johnson - Carrier Member
January 3, 1958