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SPECIAL BOARD OF ADJUSTMENT N0. 169

PARTIES) The Brotherhood of Railway and Steamship Clerks TO DISPUTE St. Louis Southwestern Railway Company

STATEHZNT OF CLAIM: Claim of the System Committee of the Brotherhood:

(1) That Carrier violated the ClerksT current Agreement-when it failed to permit Mrs. Margaret V. Meek, Office of Auditor Disbursements, Tyler, Texas, to exercise her displacement rights over a junior employee occupying the position of her choice.

(2) That Mrs. Meek be reimbursed at penalty rate of pay, for each Saturday and Sunday, starting with March 12, 1955, which days are work days of the position on which she subsequently displaced. Claim to continue until violation is corrected.

Claimant?s job was abolished and she exercised her seniority in the stenographic pool where there were four steno jobs all with similar

duties, similar hours, similar work days and similar rest days.

Complaint is made that she was not permitted to sit at a certain desk that she preferred to sit at. in a situation of this kind, where the duties are identical, rest days and everything else as in this instance, her seniority does not jive her the right to dictate to the carrier what may be required of her. Therefore, there is no basis for a sustaining award.

AWARD N0. 41 CASE N0. 42 SSW FILE R-51-723-4 HRC FILE 17-4

Claim denied.

/s/ S' J. E. Straubinger
id. E. Straubinger, Employee Member

Tyler, Texas April 30, 1957.

/s( Frank P. Douelass
Frank P. Douglass, Chairman

/a/ L. C. Albert
L. C. Albert, Carrier Member