SPECIAL BOARD OF ADJUSTi~:ENT NO,
173
Award No,
22
Case No.
24
Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station F~nployes
PARTIES TO DISPUTE:
Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the General Oommittee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes that:
(a) The Carrier violated the Clerks Agreement when on January
16, 1956,
it permitted B. F, Willmore to displace L. E. Ranck from position of Traveling Engineer
Accountant, compelling 'i7anck to displace J. L. Bergman and Bergman to displace L.
H. Shulsen.
(b) L. E, Ranek be paid difference in rate of
$475.00
and
$431.04
per month,
Hergman, difference in
$x431.04
and
095.081
L. H. Shulsen, difference in
$x395.08
and
$364,25,
and other clerks affected. Claims to run from January
16, 1956,
until
such time as B, F, Willmore required to return to seniority district No.
80,
where
he was promoted from) and Nanck, Bergman, Shulsen and other clerks affected returned to former positions,"
FINDINGS: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the L3nployee 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 Hoard has jurisdiction over the dispute involved herein. The parties
to said dispute were given due notice of hearing thereon.
In that both positions identified as (a) Chief Clerk to Division Engineer
and (b) Traveling Engineer Accountant are by Rule 1(d) specifically exempted from
the provisions o£ the Clerks Agreement, it follows that B. F. Willmore was not
subject to the procedures of Rule 10 in his displacement of L. Ranck from the
Traveling Engineer Accountant position,
Accordingly, the claimants herein, being particularly vulnerable to the
job realignment resulting from the ensuing sequential exercise of seniority preference, have no justifiable grounds for complaint.
AWARD: (a) The Carrier dial not violate the Clerks Agreement when, on January
16,
19~
it permitted B, F. L·7ill.more to displace L, E. Ranck from position of Travel
ing Engineer Accountant resulting in Ranck displacing J. L. Bergman and Bergman
displacing L, H. Shulsen.
(b) Claims denied.
Salt Lake City, Utah
June
20, 1958
SPECIAL BOARD OF ADJUSR4iENT NO.
173
Harold M,Gilden, Chairman
A. J, VanDercreek, Carrier Member
Stanley H. Eoff, Organization Member