Docket CL-11171
Award No.
8
SPDCIAL BOARD OF UJUSTTvMT RU.
374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
The Pennsylvania Railroad Company
STATEt9ENT OF CUM
"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..(a), and 2-A-2·(a)..
(b) and (c), when it failed to bulletin and award a vacancy existing
on clerical position, Symbol
A-58-B,
in the Consolidated Operating
Office,
Indianapolis, Indiana,
former Southwestern Division, effective
July 1, 1954.
(b) The Claimant, J. M. Davenport, should be allowed eight
hours' pay a day, as a penalty, for
July. 1, 1954,
and all subsequent
dates until the violation is corrected. (Docket 125)"
FINDINGS
Decision in this case must turn on the Claimant being paid the
difference between what he earned in position or positions from July 1,
1954
and that which he would have earned had Carrier properly bulletined and assigned him to the vacancy on clerical position, Symbol
A-58-B;
or should the
claim be sustained as made, i.e., "be allowed eight hours' pay a day, as a
penalty, for July 1,
1954,
and all subsequent dates until the violation is
corrected."
We have carefullrread the record on this point. We have also examined
Third Division Awards intvhich we participated and which involved the Clerks'
Organization, on comparable claims.
In such claims as were sustained, we granted Claimants wage loss for the
period involved. That was all that was asked for in those claims.
While Carrier admits a Rules violation, the record also shows position
to have been, at various times, in a personal, a bulletined and an exempt
category.
We think the wage loss theory is sound and equitable, but it should
be based on straight time earnings.
ATPTARD:
Claim sustained in accordance with Findings.
36A
3-lq
Docket No. CL-11171
Airard No . 8
Signed this 12th day of December 1961.
/s/ inward A. Lynch
E. A. Lynch, Chairman
/s/ A. E. N~yles /s/ A. B. Seward
A. E. Myles, Carrier Member A. B. Seward, anploye Member
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