C Docket No. CL-7876
0 Award No. 14
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 177 (PRR)
STATEMENT OF CIADI: Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1, 1942,
except as amended, particularly Rules 2-A-1 and 2-A-2, when it failed to bulletin
and award a newly established clerical position in the Crew Dispatcher's Office,
30th Street Station,
Philadelphia, Pennsylvania,
Philadelphia Terminal Division.
(b) The Claimant, Frank J. McLaughlin,
should
be allowed eight hours
pay for September 21, 1953, and all subsequent dates until the violation is cor
rected, as a penalty. (Docket E-960)
FINDINGS: It appears from the record that beginning September 28, 1953 Extra Clerk
Recchuite was used with substantial continuity at clerical work in the
office of the crew dispatcher on a daily basis, with same tour of duty, with same
relief days and at same rate of pay.
The fact that the continuity was broken at intervals by using him for a
day or a few days on another position did not avoid the bulletin rule.
It does not appear that the Management knew that the position would be
of more than thirty days' duration but it should have been bulletined at the end
of that period.
Claimant holding senior priority and working another assignment was prevented from exercising seniority on the Recchuite position by the failure to
bulletin it and he should be paid the difference between the amount he earned and
the amount he would have earned if he had secured the position under proper advertisement and award during the applicable period beginning 45 days after
Wednesday, September 30, 1953.
AWARD: Claim sustained in accordance with findings.
Signed this 17th day of July, 1957.
/sl R. H. Skinner.-Jr. /s/ S. V. W. Loehr
R. H. Skinner, Jr., Carrier Member S. V. W. Loehr, General Chairman
/a/ Mortimer Stone
Mortimer Stone - Chairman