SPECIAL BOARD OF ADJUSTMENT N0. 166
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
Award No. 4
Docket No. 4
OF CLA324: 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 Clerkse Agreement:
1. When on July 9, 1952, it nominally abolished the position of Bill
Clerk, rate
x;14.26
per day, at Conway, Arkansas, and removed the
clerical work comprising the essence and substance of the regularly
assigned duties of the position out from under the scope and operation of the Agreement and utilized a Station Agent, an employe of
another craft, to perform said work, in violation of Scope Rule 1,
Definition Rule 2 and other related rules of the Clerks? Agreement;
2. The Carrier be directed by appropriate Board Order to reimburse
claimants Clerks F. 2,f. Heaton and I9. F. I·fullings, for wage loss
suffered due to the Carrier's action in violation of the Agreement
as shown in ·iClaim Statement;? attached hereto and made a part
hereof, which claims are continuing until the violation of Agreement
is removed and the claims satisfied.
CLAIM STATZMONT
Name
hi. Heaton
Seniority
Date
IiB71028/41
;iA;i 6/6/42
(at Russellville,
Check Clerk)
Gd. F. Pfuilings ·iAd 9/10/42
Claim Dates
July 9-10-11-14-15-16
17-18-21-22-23-24-25
za-z9-30-31
17 days Q48¢ day
Aug. 1-4-5-6-7-8-7-7--12
13-7.4.-15
ll days
a
4$¢ day
Amount of
Claim
q"~13
.44
July 28-29-30-31
4 days X30¢ day ;p 1.20
Aug. 1-4-5-6-7-8-11-12
13-14-15-18-19-20-21
zz-z5-26-z7-z8-z9
21 days 0 300 day 6.30
Basis and
Explanation
of Claim
Account Bill Clerk
fob, Cornaay, rate
X14.26 abolished,
,8.16 claimant exercised
seniority to position
of Check Clerk at
Russellville, Ark.,
5.28 X13.78 per day, or
net wage loss of 43¢
per day.
Account displaced by
Heaton due to abol- -
ishment of Bill Clerk
fob, Conway,DSulliriJs
exercised seniority
to Relief Clerk posi
tion (Pool 5) at
Ft. Smith (YardClerk)
rate y13.48 per day,
net wage loss 30¢ per
day.
Award No.
4
Docket No.
4
Sept.
2-3-4-5
Account effective
4
days @ ;i1
.80
day
;7.20
Sept.
1, 1952,
rate of
relief job on Baggageman
$14.70 went to rate of job of
x11.98
per day - difference
in
;'113.78
and-
311.98 -
X1.80
per day, for four
days
,07.20.
Claimant Mullings? claim is continuing each work day until
dispute is disposed of.
140TE: Copy of Superintendent?s notice of July
7
to Clerk Mullings is
attached hereto, also Superintendent9s notice dated July
17, 1952
to Clerk Cox re Dfullings going to Ft. Smith; also Superintendent?s
notice to Cox that Hullings was going to work I4onday, July
28, 1952
at Ft. Smith.
There were other employes adversely affected as check of payroll will
reveal, such as Clerk L. D. Houchins, George Arning, 0. J. Smith,
Il. R. Biggerstaff, R. L. Urquhart, who were displaced and suffered
wage loss.
Clerk L. D. Houchins left the service on September 10,
1952.
FINDINGS
: This claim is, in all respects, identical to that sustained in
Third Division Award No.
6447.
Accordingly, we find that the claim
here should be sustained.
The claim seeks wage loss for specific claimants exercising
seniority to lower rated positions rather than a claim for pay based on the
time spent by the Agent in doing work within the scope of the Clerks?
Agreement. There is no evidence in the docket as to the amount of time so
spent. Accordingly, to dispose of the claim, it is deemed appropriate to
sustain the claims of the named claimants, but the part of the claim which
alleges that other employes were adversely affected will be denied because
such claims are entirely speculative on the basis of this docket.
AWARD
: Claim sustained in accordance with the Findings.
SPECIAL BOARD OF ADJUSTMENT N0.
166
Isl
Dudley E. Whiting
Dudley E. Uhiting - Chairman
/s Ira F. Thomas /s/ G. bd. Johnson
I. F. Thomas - Employe f-Iember G. YT. Johnson - Carrier Member
St. Louis, Missouri
January
17, 1957
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