C SPECIAL BOARD OF ADJUSTMENT N0. 167 (D&RC<I)
0
P AWARD N0. 1$
Y
Organization's File Carrier's File
105-D-2 CL-9-5
~lClaim of the System Committee of the Brotherhood that:
s'(1) The Carrier violated the current Clerks' Agreement when it
assigned the duties of Telegraph Clerk to the callers in Agency Yard
Office Seniority District who work for a lower rate of pay than is
paid to the Telegraph Clerks; and that
'(2) Narvil Mathis, A. E. Moore,-TC. C. Walter, C. E. Freeman
and all other clerks who have worked-or who work the position of
caller in West Yards, Grand Junction, be paid thirty-six cents per
day, which is the difference between what they have been paid and
what they should have been paid. This claim is for all work performed
from December 1, 1955 to and including the date the higher rate is
placed in effect.4
FINDINGS: This claim involves the same work complained of in the preceding claim,
Organizationps File 105-C-27, which was decided in our Award No. 17.
As we there held, the employee have failed to establish that the work complained
of was not properly required of claimants so this claim must fail on the merits.
However, Article V, Section 1(a) of the Agreement signed at Chicago.
Illinois, on August 21, 19540 requires that should any claim be disallowed the
Carrier shall within sixty days notify whoever filed the claim in writing of the
reason for such disallowance.
The reason given in writing of the disallowance of this claim by the
Superintendent was ;'per our conference, claim is declined.,? No showing is made
as to what reasons were given in conference or whether any reasons were given.
Said Section further provides that 9'If not so notified, the claim or
grievance as presented shall be allowed.'
Accordingly, the claim must be allowed from December 1, 1955, to March
9,
1956,
when reasons
in writing were given for the disallowance.
Al IARD: Claim sustained as per findings.
s T~Iortimer Stone
Mortimer Stone, hairman, Neutral Member
/sLD. L. Clavel
D. L. Clavel, Carrier Member
Isl
11h. J. -Donlon
Wm. J. Donlon, Organization Member