c
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P Docket No.
CL-993.44
Y Award No. 12
SPECIAL BOARD OF ADJUSTMENT N0. 172
BROTHERHOOD OF RAI DATAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NE74 JERSEY
STATEMENT OF
CLAIM= Claim
of the System Committee of the Brotherhood that,
(a) Carrier violated 3(a) and related rules of the Clerks'
Agreement at Carteret, N. J. when on February fit' ll, 13, 25,
Mar,-h
39
10 and
17, 1956,
they used a junior employe to cover
a call on position #1309, Car Clerk, and
(b) Carrier be required to compensate Mr. L. J. Kelly three
(3)
hours' pay, based on a daily rate of
$15.91,
for each of the
days for which claim is made.
FINDINGS
Under Rule 3(a) the Carrier had the initial responsibility for
determining fitness and ability of the claimant, and such judgment cannot
be set aside here unless it is shown that the Carrier acted arbitrarily,
capriciously or discriminatory. On the basis of the evidence presented in
this record, no such finding is possible.
AWARD
Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 172
~s/ Dudley E. Whiting
Dudley E. `.flhiting - Chairman
/s/ !h,
,A. Palmatier
/s/ J J. Daffy
Paimatier - Employe Member J. J. Duffy - Carrier Member
Jersey City, N. J.
March 20,
1957.