Docket C1-11544
Award No. 35
SPECIAL HOARD OF ADJUSTMENT NJ. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
THE p,-62INSYLVANIA RAIL'DO CO~TANY
STATENM!T OF CLAII4:
System Docket No. 320 - Northern Re 'on Case No. Nid-77 - "Claim of the
System Committee of the Brother oo at:
(a) The Carrier violated the Rules Agreement, effective T.4ay 1, 1942,
except as amended, particularly Rules 3-C-2 and 4-F-1, when it abolished
the position of Shipper and Receiver held by J. L. Schlosser at the Car
Shop, Olean, New York, Northern Region, effective April 19, 1956.
(b) The position should be restored in order to terminate this
claim and that J. L. Schlosser, F. E. Tilly, L. A. Clemons and all other
employes affected by the abolishment of this position would be restored
to their former status (including vacations) and be compensated for any
monetary loss sustained by workin at a lesser rate of pay; be compensated in accordance with Rule 4-A-2 ~a) and (b) for work performed on Holidays,
or for holiday pay lost, or on the rest days of their former positions;
be compensated in accordance with Rule 4-A-3 if their working days were
reduced below the guarantee provided in this rule; be compensated in
accordance with Rule 4-A-6 for all work performed in between the tour of
duty of their former positions; be reimbursed for all expenses sustained
in accordance with Rule 4-G-1 (b); that the total monetary loss sustained,
including expenses, under this claim, be ascertained jointly by the
parties at time of settlement.(Award 7287) (Docket 320)"
FINDINGS:
Carrier's act in abolishing the position of Shipper and Receiver here
involved was taken as a result of a general reduction in its car repair program
at Olean car shop. A force of 47 'Maintenance of Equipment employes was furloughed.
This being a factually correct statement, it is only logical that the
duties of Claimant's job would have greatly diminished in the light of the
following, being the primary duties of the Shipper and Receiver position:
"J. L. Schlosser, Group 1 Shipper and Receiver -- Receive and
ship material. Help on monthly inventory. He familiar with fright
car material. In addition to this position orenared reports and
helped in dispensing small items from the Storehouse."
We find no violation of the Agreement on Carrier's part in abolishing
the job in question, or in assigning such of the duties as did remain to the
Store Attendant position.
SBA 3-14
Award No. 35
A study of this record reveals no violation of Lt-F-1, as charged.
With respect to Organizations statement that Claimant now receives
$.024 less per hour in the Store Attendant position, to which he bumped, than
he received in Shipper and Receiver position, its remedy lies in Rule 3-C-2
(d).
Claim denied.
Signed this 12th day of December, 1961.
Edward A. Lynch
E. A.
Lynch!
Chairman
/s/ A. E. Myles /s/ A. B. Seward
A. E. 3rlyles, Carrier :tember A. B. Seward, Employe Mem er
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