C Docket No. CL-7819
0 Award No. 7
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 177 (PER)
STATEMENT OF CLAIM; Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1, 1942,
except as amended, particularly the seniority rules, by removing Samuel Ellison,
Loader-Trucker at Walnut Street Freight Station, Philadelphia, Pennsylvania,
Philadelphia Terminal Division, from his position on February 1, 2, and 5, 1951,
and assigning the duties of loading and trucking freight to employes junior to
Mr. Ellison.
(b) The Claimant, Samuel Ellison, should be compensated for all monetary loss suffered February 1, 2, and 5, 1951. (Docket E-801)
FINDINGS: Due to the work stoppage resulting from failure of Trainmen to report
for duty there was not sufficient work remaining at the Walnut Street
Freight Station to justify working all the platform gangs. The senior gangs were
worked and the remaining gangs, including Claimant, released under the provisions
of Rule 4-A-7.
This work stoppage was a condition beyond the control of Management so
permitted a recourse to that rule and such recourse was not in violation of Rule
4-A-3. Claimant was not displaced nor was his position abolished. No rule is
shown making the abolishing of a position a prerequisite to the invoking of Rule
4-A-7 and we think Award 6757 does not so hold.
AWARD: Claim denied.
/s/ R. H. Skinner.-Jr.
R. H. Skinner, Jr., Carrier Member S. V. W. Loehr, Employe Member
/s/ Mortimer Stone
Mortimer Stone - Chairman