SPECIAL BOARD OF ADJUSTMENT N0.
170
BROTHERHOOD OF RAILWAY·AND·STEAMSHIP CLERICS,
FREIGHT HANDLERS, EXPRESS AND,STATJON EMPLOYES
versus
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Clerkst Agreement at McComb, Mississippi,'
beginning April 1,
1953,
when on or about March
31, 1953,
it abolished position
of Warehouse Foreman, paying
$307.92
per month on date of abolishment, and concurrently therewith established a position of Warehouse Clerk paying a basic ratd
of
$12.48
per day (which at that time the rate was subject to Cost-6f-Living Adjustment), and
2.
Claim that the Carrier be required to increase the rate of pay Attaching to said Warehouse Clerks position at McComb, Mississippi, in the amount,
of $1.03 per day (exclusive of any general pay increases that have been granted
in the interim by virtue of agreements reached by overall national handlings),
and
3.
Claim that R. M. Wilson, and/or any other employe involved in or
affected by the agreement violation, be reimbursed in the amount of
$1.03
per day
from April 1,
1953,
until the violation is corrected by the proper adjustment in
the rate of pay attaching to said Warehouse Clerks position at McComb, Mississippi.
NOTE: Proper,reparation due to be determined by ,joint check of Carriers pay
rolls, time book records, etc.
OPINION: The issue in this case involves the right of the Carrier to abolish
the position of warehouse foreman at McComb, Mississippi, under cir
cumstances hereinafter related:
Prior to August
27, 1947,
the supervision of the warehouse was performed by Mr. Page who was fully covered by the terms of the Telegraphers' Agreement. On the above date, the Carrier, by agreement through its Superintendent
and the Division Chairman of the Clerks' Organization, established the position
of warehouse foreman on a monthly rate.
On January
30, 1953,
the General Chairman of the Clerkst Organization
demanded that the
1947
agreement be cancelled and abandoned. On March
23, 1953,
the Carrier notified the General Chairman of the Clerks' Organization that it
was agreeable, effective March
31, 1953,
to cancel the
1947
agreement.
On the above date the position of "warehouse foreman" was abolished
and a position of "warehouse clerk," fully covered by the. rules of the Clerks
Agreement, was established. On December 10,
1953,
the claim here involved was
presented and channelled through the various sources until it has reached this
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Award No.
44
Docket No.
CL-885;
Special Board of Adjustment Ho. 170.
It is urged by the Carrier that the claim was not properly presented
under the Time Limit Rule then in effect. The rale relied upon reads as follows
"(a) Disputes arising out of claims and/or grievances or out
of interpretation and/or application of agreements oonoerning rates
of pay, rules or working conditions between the parties hereto, may
be handled only by the employe affected or by one or more duly accredited representativest provided, they are first presented in writing to the employing officer, within thirty (30) days of occurrence.
"(b) If the decision of the employing^off iaer is unsatisfactory,
it maybe appealed in writing by the duly accredited representative to
the first appeal officer within thirty (30) days and thereafter in the
regular order of succession up to and including the highest officer
designated by the Carrier to whom appeals may be made."
It appears that the alleged violation occurred March 31,
1953,
and was
not presented to the Carrier until December 10,
1953,
approximately nine months
subsequent to the date of its actual occurrence. It is an established fact that
no complaint was made as to underpayment for the position until approximately
nine months after the first violation. Had the violation, if any, ceased to exist
at that time, then the rule cited by the Carrier would come into full force and
effect, but 3n the case at bar the violation was continuous. We hold that where
the violation is continuous, the rule relied upon by the Carrier has no application.
The facts show that a "warehouse foremn's" position was established
July 16, 1947,
and discontinued March
31, 1953,
by consent of the Carrier and
the Organization. The vacant position was filled by the establishment of a position known as "warehouse clerk" at a lesser monthly rate of pay. While it is an
established fact that the amount of work has lessened, still there remains certain supervisory work under the
direction of
the "warehouse clerk." We cannot
agree with Carrier that the position of warehouse.clerk is a new position. It
is a new position 1n name only. The action
c'
the Carrier in the instant case was
in violation of Rule 61. Claimant Wilson is entitled to an award based upon the
amount $1.03 per day from and after April 1,
1953.
FINDINOSt The Special Board of Adjustment No. 170, after giving to the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holdst
That the Carrier and Employes involved 3n this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Acts
That the Special Board of Adjustment Ho. 170 has jurisdiction over
the dispute involved herein; and
Award No. 44
' Dooket No.
CL-8857
That the agreement was violated.
AWARD: Claim sustained.
SPECIAL HOARD OF ADJUSTMENT
N0. 170
/s/ Edward M. Sharpe
Edward M. Sharpe e Chairman
/s/ R.
W. Copeland E. H. Hellmann
R. W: Copeland,- Employe Member E. H. Hallmann - Carrier Member
Chioago; Illinois
June 1 1
8
Date
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