Docket No. CL-11172
Award No. 9
SDECIAL BOARD OF ADJUSTIAIT rd0. 3711
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
The Pennsylvania Railroad Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1, 19112,
except as amended, particularly Rule 3-E-l, when it arbitrarily and unilaterally transferred certain clerical work which accrued to, and had
been performed by, clerical employes in the Reservation Bureau, New York,
New York, former New York Division, a separate seniority district, to
employes in another separate seniority district in the offices of the
General Passenger Agent, New York, New York, without an agreement between
the Carrier and the General Chairman of the Brotherhood.
(b) Claimant C. Lynch should be allowed eight hours pay a day, as a
penalty, for September 1, 1953, and all subsequent dates until the violation is corrected. This portion of the claim covers that part of the
work which was transferred to the General Passenger Agents office and
assigned to H. Blair.
(c) Claimant E. J. Reardon should be allowed eight hours pay a day
as a penalty, for October 1, 1953, and all subsequent dates until the
violation is corrected. This portion of the claim covers that part of
the work which was transferred to the General Passenger Agent's office
and assigned to E. Kurwolski. (Docket 271)"
FINDINGS
:
Carrier, by letter dated February 24, 1955, agreed that the time
limits set forth in Article V of the National Agreement of August 21, 1954,
would be extended to May 1, 1955 in connection witithe claims covered by
this Docket.
The Organization did not appeal from the Superintendent's denial
decision until February 4, 1958 -- almost
3
yew later.
The Organization knew of this requirement and was put on notice by
Carrier's letter of February 21 1955. This claim is thus automatically barredl.
AWARD
:
Claim is barred in accordance with Findings.
SeA 3-14
Award N; , 9
Signed this 12th day of December 1961.
Isl
rdward A. lynch
E. A. Lynch, Chairman
/s/ A. E. Nyles
Isl
A. B. Seward
A.
P.
Myles., Carrier Member A. A, Sewardp Employe
Member