C Docket No. CL-8791
0 Award No. 19
P



STATEMENT OF CLAI14: 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 assigned Clerk C. B. Russell to a clerical. position at Union Station, Indianapolis, Indiana, Southwestern Division, effective October 1, 1951, and failed to bulletin and award the position.


Yard, Indianapolis, should be allowed eight hours pay a day for October 1, 1951,
to April 26, 1952, inclusive, as a penalty. (Docket W-906)

FI14DINGS: We think the record discloses that Clerk C. B. Russell during the
period from January 1, 1952 to April 26, 1952 performed duties coming
under the clerical agreement and in effect constituting a new position; that
Carrier expected that the position would be of more than thirty days? duration
and should have advertised it promptly pursuant to Rule 2-A-1(a).

Claimant should be paid the difference between the amounts he-earned and the amounts he would have earned had he secured the position; to-wit, the amounts earned by Clerk C. B. Russell during the applicable period beginning 15 days after Wednesday, January 2, 1952.

&ARD: Claim sustained in accordance with findings.



/s/ R. H. Skinner,-Jr. /s/ S. V. W. Loehr
R. H. Skinner, Jr., Carrier Member S. V. 1'd. Loehr$ Employe Member