C SPECIAL BOARD OF ADJUSTI,0NT NO. 173
0 Award No. 14
P Case No. 4
Y
PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes



STATEMENT OF CLAIM: oPClaim of the System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes, that the Carrier violated the Clerks9 Agreement

(1) When on June 26 and July 3, 1954, they permitted Mildred Jorgensery a non bona fide employe without seniority, to work as PBX Operator, North Platte, Nebraska, on one assigned rest day of a regular employe.

(2) Margaret Griffiths, the regular employes be allowed two additional days' pay at rate of-time and one-half account Carrier's violating the Agreement on June 26 and July 3, 1954.'°

FINDINGS: The Board, upon the whole record and all the evidence, finds that:

The Carrier or Carriers and the Employee or Employees involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

The Board has jurisdiction over the dispute involved herein. The parties to said dispute were given due notice of hearing thereon.

A person newly hired is not, on the first day of such employment, in the category of the bona fide employee depicted in Rule 41 (1) to be eligible to protect the job opportunity therein dealt with. -Such an individual acquires ??employee statusiv within the meaning of Rule 18 (e), only after rendering at least one days service on a job covered by the Clerks? Agreement.

aaARD: 1. Claim sustained for 8 hours at the straight time PBX Operator
rate for June 26, 1954;





/s/ Harold M. Gilden, Chairman
/s/ A. J. VanDercreek, Carrier Member
/s/ C> F, Bignall, Organization Member
(Employee Member dissenting to denial Award
Claim No. 2 for July 3, 1954, under the
Qnaha, Nebraska principles laid down in Award 5558 and
March 24, 1958 Interpretation No. 1 thereto, Awards 6259,
6522, 6853, 6854, 6855, 6971 and many
others.)