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
Union Pacific Railroad Company
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;
2.
Claim denied for July
3, 1954.
SPECIAL BOARD OF ADJUST14ENT N0.
173
/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.)