SPECIAL BOARD OF ADJUSTMENT 140. 166
BROTHERHOOD OF RAILtJAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION E2PLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: 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. 11hen, following the assignment of Miss Adele Fehringer to
Position ,781, Timekeeper-Clerk, in the Auditor DisbursementsStores Accounting Department, per Assignment Notice No. 110
dated June
9, 1955,
which assignment grew out of Bulletin
No. 110 dated June 2,
1955,
the Auditor Disbursements, Mr.
A. A. Griesbauer, failed and refused and continued to refuse
to transfer Miss Fehringer to the Timekeeper-Clerk position,
which she had obtained by assignment, by virtue of her
seniority rights, in violation of Rule 8, Section (c) and
related rules of the Clerks? A.areement;
2. That the Carrier shall, by appropriate order of the Third
Division of the National Railroad Adjustment Board, be directed
to transfer Miss Fehringer to the position which she bid for
and was assigned to, but was denied the right to go upon and
instead was held on the position which she had formerly occupied, and that Miss Adele Pehringer be compensated $3.60 per
day additionally, beginning five days after issuance of
Assignment Notice dated June
9, 1955,
or on Wednesday, June
15, 1955,
pursuant to the provisions of Rule 10, Section (b),
such claims to continue each work day until the dispute is
disposed of.
FINDINGS: Claimant held a position of Timekeeper-Clerk in the Auditor
Disbursements-Stores Accounting Department and on June 2,
1955,
bid for another Timekeeper-Clerk position in the same office, with the same
rate of pay, same described duties, same hours of assignment, same meal
period, same number of days per week and the same assigned rest days.
She was assigned to the position bulletined and then given the same
timekeeping duties formerly performed at the same desk formerly occupied,
Where a group of identical. positions exist at the same location with
the same hours, rest days and rate of pay, it appears that the bulletin
provisions of the Areement are complied with when one is assigned to such a
position and is assigned timekeeping duties within the description on the
bulletin and other attributes such as pay, hours and rest days as set forth.
There is no question but that in such circumstances the Carrier has a right
to rearrange specific duties between identical positions and that the
Carrier has a right to assign the desk at which the occupant will work. Upon
the particular facts shown here, the claim is without merit under the rule.
Award No. 9
Docket No. 9
Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 166
Isl
Dudley E. Whiting
Dudley E. Whiting - Chairman
/s/ Ira F. Thomas
Ls/
G. W. Johnson
I. F. Thomas - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
January 17, 1957
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