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                  SPECIAL BOARD OF ADJUSTMENT NO. 170


BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS ANDSTATION EMPLOYES

versus

ILLINOIS CENTRAL RAILROAD COMPANY


                            CASE N0. 1


    STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:


    (a) Carrier violated the Rules of the Clerkst Agreement when on or about January 1, 1955, it created a position of Storekeeper 9n the General Stores Department, Paducah, Kentucky, excepted from Rules 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52. 54, 55, 56, 57, 58, 59, 60, 61 and 63. Also Rules 24, 25, 26 and 53, except in case of the occupant's dismissal from service.


    (b) That Carrier shall now be required to bulletin position of Storekeeper at Paducah, Kentucky, subject to all Rules of the Clerks' Agreement.


    (c) That Carrier shall compensate any and all employes affected for any wage lass sustained as a result of being deprived of promotional and seniority rights.


        NOTE: Reparation to be determined by joint check of Carriers payroll and other records.


                            CASE N0. 2


        STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that;


    (a) Carrier violated the Rules of the Clerks' Agreement at Centralia, Illinois, when on or about September 15, 1955, it created a position of Line Stockkeeper in the Centralia District Stores Department excepted from Rules 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 59, 6o, 61 and 63. Also Rules 24, 25, 26 and 53, except in case of the occupants dismissal from service.


    (b) That Carrier shall now be required to bulletin position of Line Stockkeeper at Centralia, Illinois, subject to all Rules of the Clerks, Agreement.


    (c) That carrier shall compensate any and all employes affected for any wage loss sustained as a result of being deprived of promotional and seniority rights.


        NOTE: Reparation to be determined by joint check of Carriers payroll and other records.

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                                              Award No. 54

                                              Docket No. CL-9763


                            CASE N0. 3


    STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:


    (a) Carrier violated the Rules of the Clerks' Agreement at Memphis, Tennessee, when on October 6, 1955, it created a position of Line Stockkeeper in the Johnston District Stores Department excepted from Rules 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 27, 28, 29, 30, 31, 32, 33, 34,


    35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61 and 63. Also Rules 24, 25, 26 and 53, except in case of the occupants dismissal from service.


    (b) That Carrier shall now be required to bulletin position of Line Stockkeeper at Memphis, Tennessee, subject to all Rules of the Clerks' Agreement.


    (c) That Carrier shall compensate any and all employes affected for any wage loss sustained as a result of being deprived of promotional and seniority rights.


        NOTE: Reparation to be determined by joint check of Carriers payroll and other records.


    OPINION: Carrier maintains a General Stores Department at Paducah, Kentucky,

    which department consists of _several individual sections located in ac

    cordance with service requirements for furnishing materials and supplies to local

    repair facilities and the storage and reshipment of various materials and sup

    plies to various locations on Carriers property. On or about September 15, 1955,

    Carrier established an additional Line Stockkeeper position at Centralia, Illinois,

    excepted from all but eleven rules of the Clerkst Agreement and appointed R. W.

    Taylor to the newly created position. On October 6, 1955, Carrier established

    an additional Line Stockkeeper position at Memphis, Tennessee, also excepted

    from all but eleven rules of the Clerks? Agreement. F. W. Wood was appointed to

    the newly created position.


    On or about January 1, 1955, Carrier created a position in the General Stores Department at Paducah, Kentucky.


    Employes objected to the above appointments and asked that they be bulletined. The parties agreed to withhold further action on the above claims pending decision of Special Adjustment Board No. 170 in CL-7562. On February 21, 1957, the Board decided CL-7562, see Award No. 1, Special Board of Adjustment No. 170, where it was held that Carrier violated the agreement and the claim was sustained.


    On March 7, 1957, the positions heretofore created by Carrier were abolished.


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                                            Award No. 54

                                            Docket No. CL-9763


It is the position of Employes that the positionscreated and later abolished are subject to all rules of the current agreement and that decision in the instant case is controlled by Award No. 1, Special Board of Adjustment No. 170, where we held that if the Carrier desires to except positions to be established in the future from coverage of any rule of the agreement, such desire should have been expressed during negotiations and by agreement and made a part of the rules.

 It is also the position of the Employes that an agreement was entered into with the Carrier to hold this case in abeyance until Docket CL-7562 was decided. The agreement also provided that "this handling is without prejudice to the rights of either party." The above case has been decided in Award No. 1, Special Board of Adjustment No, 170, and that by reason of the above agreement, the Carrier is denied the right to raise the issue that the claim is void by reason of the fact that Claimants were not properly named.

 Carrier urges that under Award No. 40, Special Board of Adjustment No. 170, this issue may be raised at any time.

 We are in accord with the views of the Carrier as this issue was decided in Award No, 40, supra.

 FINDINGS: 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 holds;

 That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act;

 That the Special Board of Adjustment No. 170 has jurisdiction over the dispute involved herein; and

        That the agreement was not violated.


AWARDS Claim denied.

                SPECIAL BOARD OF ADJUSTMENT N0. 170


                  /s/ Edward M. Sharp

                  Edward M. Sharps - Chairman


                                  /s/ E. H. Hallmann

R. W. Copeland · Employe Member E. H. Hallmann - Carrier Member

 Chicago, Illinois

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