C SPECIAL BOARD OF ADJUSTI..2I1T N0. ,173 _.
0
P Award No. 16
Y Case No. 10
PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employee
Union Pacific Railroad Company
$TATE1'·'ENT OF CLAIM: p?Claim of the System Committee of the Brotherhood of Railway
Clerks that:
(1) Carrier violated rules of Agreement dated May 1, 1955, by establishing a rate
of 015.39 per month for position of Stenographer-Clerk in the Chief Dispatcherrs
Office at Denver, Colorado, per-Bulletin No. 50 issued by Superintendent Colombo
of Cheyenne, Wyoming, on May 20, 1955.
(2) Carrier establish proper rate of pay for this position; namely, $325.66 per
month, retroactive to May 20, 1955.'?
IDS: 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.
Carrier may not, in defending against this claim, successfully attempt
to impeach its own previous declaration in Bulletin No. 50 of May 20, 1955, that the
position of Stenographer-Clerk in the Chief Dispatcherps Office at Denver, was a
new position. It was labeled as a new job, and that characterization must be accorded its literal meaning.
Rule 24(b) requires the rate of pay of a new position to be conformed
to the prevailing wage scale of comparable positions in the same seniority district.
In applying this standard, it is manifest that ~x325.66 (the rate of pay in effect
on IIsy 20, 1955) is the appropriate monthly stipend to be established for the job
here involved.
AWARD: Claim sustained.
SPECIAL BOARD OF ADJUSTMENT NO, 173
/s/ Harold 17. Gilden, Chairman
/s/ A. J. VanDercreek, Carrier Member
/s/ C. F. Bignall, Organization Member
Omaha, Nebraska
March 24, 1958