Docket CL-11393
Award No. 18
SPECIAL BOARD OF AnJUSTi9:'sNT N0. 374
Brotherhood of 'Railway and Steamship Clerks, Freight Handlers,
Express and Station 3mployes
and
THE PENNSYLVANIA RAILR09D COMPANY
STATEh1ENT OF CLAIM:
Eystem Docket 294 - Southwestern Region Case 68-56 - "Claim of the
System Committee of the Brotherhood tat:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly the Scope Rule and Rules 2-A-1 (e)
2-A-3 (d), 3-A-1, 3-H-1 and the Rose Lake Yard Group 1 Extra List
Agreement, when it permitted Miss Sharon Noll to fill a vacaticn
vacancy existing on clerical nosition Symbol TR-4-E, located in
the Enginehouse Foreman's Office, Rose Lake Yard, Illinois,
Southwestern Region, and refused to permit Extra Clerk C. J.
Maxwell to fill the vacancy or post en the position.
(b) The Claimant, C. J. Maxwell, should be allowed eight hours
pay a day, as a penalty, for each day that Miss Noll was used to
work Position TR-4-E and other clerical positions from June 12, 1956,
until September 8, 1956, particularly July 12, 13, 16, 17, 18, 19
and 20, 1956. "
FY.- DINGS:
The incumbent of clerical position, Symbol TR-4-E was absent on vacation from July 9 through July 20, 1956·
At the outset we will sustain Carriers objections to expansion of the
claim by the Organization after handling on the property to include "other
clerical positions" and dates from June 12 to September 8, 1956.
There is in this record abundent proof that Claimant did not attempt to
post, or state he desired to post on the position in question. He was offered such opportunity covering a subsequent vacancy on the same position.
Article 12 (c) of the National Vacation Agreement confers on Carrier
the right to act as it did in this case. Carrier also has the right to
determine the qualifications of such job. Such qualifications do include
stenographic duties.
S©h 31'4
Docket CL-11303
Award No. 18
AWARD:
Claim denied.
Signed this 12th day of December
1961.
/s/ Edward A. Lynch
E. A. Lynch, Chairman
/s/ A. ~. ?Vles /s/ A. B. Seward
A. E. Myles, Carrier Member A. B. Seward, 3rtploye Member
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