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P AWARD N0. 21
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NRAB DOCKET NO. OL-8444
CASE NO. 21
SSW FILE R-51-1013
BRC FILE NR-27-49
SPECIAL BOARD OF ADJUSTMENT N0. 169
PARTIES) The Brotherhood of Railway and Steamship Clerks
TO )
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIMS Claim of the System Committee of the Brotherhoods
(1) That Carrier violated the Clerks' current Agreement on December 8,
1952, when it established nine new International Business Machines positions
in the office of Superintendent of Transportation, Tyler, Texas, at rates of
pay which were not in conformity with rates attaching to comparable positions
in other seniority districts of tine Carrier in Tyler., Texas,
(2) That the nine employees originally assigned to the new positions and
all other employees succeeding them thereon, be reimbursed for all wa:e loss
account such violation, from December 89 1952, until the violation is corrected,
such reimbursement to be allowed on the basis of the difference in rates of the
positions established and those of comparable positions in the Machine Room
installation, located in the office of Auditor of Disbursements, Tyler, Texas,
in which installation the International Business Machine work for office of
Auditor of Disbursements and Auditor of Freight Acco_ntsr Tyler, Texas, was
being performed by employees from three seniority rosters.
FINDINGS: In December, 1952, Carrier installed International Business Machines
in the office of Superintendent of Transportation. Such machine
operations had been installed in the office of Auditor of Disbursements in 1947
and rates had been established for Machine Supervisor, Machine Operators, Head
Key Punch Operator and Key Punch Operators, along with other operations. The
rates of pay for machine positions in the office of Superintencent of Transporta
tion for Head Machine Operator, Machine Operators, Head Key Punch Operator and
Key Punch Operators were set at a rate below the prevailing rate in the office
of Auditor of Disbursements,
Claims are brought here on the allegation of the Employees that the
above-mentioned ,jobs in the office of Superintendent of Transportation were
comparable jobs to the same titled jobs in the office of Auditor of Disbursements and, being new positions, the rate should have been set at the same rate
prevailing in the office of Auditor of Disbursements, and allege a violation
of Rule 43 of the current agreement, which reads as follows:
"The rates of pay for new positions will be in conformity with
wages for analogous positions of similar kind and class in the
seniority district where established; if no existing position
- 2 AWARD N0, 21
"in the seniority districto then the rate of pay for new position
will be established with due regard to the rates attaching to
comparable positions on other seniority districts."
The only thing the Board has before it in this case is whether or
not, as a matter of fact., are the positions in the office of Superintendent of
Transportation comparable to those positions in the office of Auditor of
Disbursements.
The Board called in key personnel in the two departments and took
testimony from them and after hearing all the testimony involving the operations
of machines, responsibility and duties attached to their jobs., the Board is
driven to the conclusion that while the machine work in the two departments is
very similar there is a distinct difference in the requirements of accuracy and
responsibility attached to the positions in the office of Auditor of Disbursements, and to such an extent that this Board cannot properly say that the
positions in the two departments are comparable jobs and, not being comparable
under the rule, we have no authority to tamper with the rates that exist. It
is only when the new positions are comparable to the old positions that we have
a right to make any finding that disturbs the rates that have already been
established, Finding that the jobs in the office of Superintendent of Transportation are not comparable to the jobs in the office of Auditor of Disbursements) we can find no basis upon which a sustaining award can be made in this
case.
AWARD: Claim denied.
ls/ Frank P. Douglass
Frank P. Douglaes~ Chairman
,4s,~
W. E. Straubinger s/ L. C. Albert
W.E.Straubinger, F~'nployee Member ,C.Albert, Carrier member
Tyler] Texas
April 1. 1957.