C Docket No. CL-7710
0 Award No. 1
P
Y
SPECIAL BOARD OF ADJUSTMENT No. 177 (PRR)
STATEMENT OF CLAIM
: Claim of the System Committee of the Brotherhood that:
(a) The-Carrier violated the Rules Agreement , effective May 1t
1942, except as amended, particularly Rules 2-A-1 (a, 2-A-2, 2-A-5, 3-A-1 (a)
and (c) and 5-C-1, when Mrs. Nancy Flynn was hired and used to perform extra
clerical work in the Freight Office, Louisville, Kentucky, Southwestern Division,
commencing October 19, 1953.
(b) M. G. Schoen, Clerki Louisville Freight Station, should be
allowed eight hours a day, as a penalty, from October 19, 1953, to January 5,
1954, inclusive. (Docket W-912)
FINDINGS
; Commencing on October 19, 1953, Mrs. Flynn was employed with general
clerical duties and worked five days per week until October 31. There=
after she worked intermittently, averaging three days per week until December 18,
from which time she worked five days per week until January 4, 1954 when she
resigned from the service.
While her five-day per week employment was due to vacation absences she
was not used to fill any specific vacancies nor appointed to a bulletined position,
but was employed as an extra clerk. Under Rule 2-A-1 (e) an extra employe may be
used only when required by agreement under Rule 5-C-1. No such agreement had been
made or extra board established.
Ih August, Management requested the setting up of an extra board which
was declined by the Division Chairman. Each has equal obligation to cooperate
and agree as to the use of extra employes but here the Carrier has failed to show
that the refusal in the situation before us was arbitrary or had any connection
with the situation before us arising two months later.
AjJARD
: Claim sustained at pro rata rate.
/e/ R. H. Skinner,~Jr. /s/ S. V. W. Loehr
R. H, Skinner, Jr., Carrier Member S. V. W. Loehr, Employe Member
/s/ Mortimer Stone
Mortimer Stone - Chairman