SPECIAL BOARD OF ADJUSTPiENT ITO. 192
RECD
PARTIES: BROTHERHOOD OF RAILlJAY AND STEAMSHIP CLERK
FREIGHT HANDLERS, EXPRESS AND STATION WPL =i~
and
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THE BALTIMORE AND OHIO RAILROAD COMPANY
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AWARD IN DOCKET NO. 12
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) Carrier violated Rules 1(c)1 and
1(0
2 and other Rules of the Clerks'
Agreement at Grafton, W. Va.$ when at close of business on December
31, 1953,
it
abolished Position 68-1-805, Stenographer-Clerk and
(2) That Claimant Miss Mary P. Bradford and/or her successors in interest
be compensated for wage loss sustained on January 1,
19511,
and subsequent dates due
to improper abolishing of such position.
FINDINGS:
Following abolishment of a clerical position in the office of the Division
Engineer at Grafton, W. Va.,, the remaining work of the position was assigned to excepted positions.
The employees argue that the abolishment of the position was improper and
cite Rule 1(c)1 and 2 in support of the claim.
There is dispute with respect to the amount of work which remained on the
position when it was abolished. However, in the view we take of the claim it is
not necessary to resolve that question. Rule 1(c)1 requires that when a covered
position is abolished the work assigned thereto which remains to be performed will
be reassigned to position or positions covered by the agreement when such position
or positions remain in existence at the location where the work of the abolished
position is to be performed. Although the Carrier argues that there were no
covered positions remaining in the Division Engineer's office it is shown that
there were covered positions at Grafton in an adjacent office. The rule is not
confined to a given office but rather treats of a "
location". Clearly an adjacentoffice under the circumstances here present would come within that designation.
The phrase "and/or her successors in interest", as contained in Item (2)
of the claim, is indefinite. The claim will be sustained on behalf of the named _
claimant for such wage loss as she suffered after January 1,
1954,
by reason of -
the abolishment of the Stenographer-Clerk position and for the period after her
claim is satisfied for others who would have stood in the same status as she and
who were adversely affected. A11 wage loss to be computed less earnings in outside
employment,
AWARD
Claim (1) Sustained,
Claim (2) Disposed of as indicated in Findings,
/s/ Francis J, Robertson
Francs J, Robertson
Chairman
/s/ E. J, Hoffman
E, J, Hoffman
Employes Member
Dated at Baltimore,, Maryland this
18th day of February$ 1959,
Docket No, 12
a/s/
T, S, Woods
T, S, Woods
Carrier Member