Award Number 100
Docket Number CL-156
NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT
HANDLERS, EXPRESS AND STATION EMPLOYES
130STON AND MAINE RAILROAD
DISPUTE.-"Alleged violation of rules in connection with changes in classtfication, hours of service and rates of pay of baggage force at Greenfield, Mass.,
and claim that because of said violations the classification, hours of service,
and rates of pay be restored as of August 24, 1934, as shorn in Exhibit #1,
and the employes compensated fur the difference between what they have received and what they would have received had the changes referred to,
Exhibits #1 to #6, inclusive, not been made and in addition thereto time
be computed and paid for on a continuous basis at overtime rate for such of
the employes who were worked intermittently fit violation of Rule 48 of the
agreement between the parties effective July 15, 1925, subsequent to August
24, 1934."
FINDINGS.-The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier and the employees involved in this dispute are respectively carriers
and employes within the meaning of the Railway Labor Act, as approved
June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved bercin.
The parties to said dispute were given due notice of hearing thereon.
The following statement of facts is jointly certified by the parties, and the
Third Division so finds:
"Prior to August 24, 1934, the six baggageroum employes at Greenfield.
Mass., were classified and worked as shown in Exhibit #1.
Effective August 24, 1034, the lineup was changed as outlined in notice
to all concerned issued by Agent, August 21, 1934, attached as Exhibit #2.
"A farther change was made August 25 as shown in Superintendent's
letter of that date
attached as
Exhibit #3.
"Effective September 28, 1934, the assignments were again changed
as shown in Exhibit #4 attached.
"Effective September 30, 1934, the assignments were again
changed as
shown in Exhibit #5 attached.
"Exhibit #6 shows haw the six baggageroom employes were classified,
rated and worked after the final change was made effective September 30,
1934.
"The positions involved in Exhibits 1 to 6, inclusive, have been numbered for the purpose of facilitating reference.
"Exhibit #7 is the notice issued by the Agent, September 27, 1934, to the
Ticket Office force at Greenfield, instructing them that effective Friday, September 28, 1934, they will be obliged to check any baggage which is offered
for checking at various times through the day when there will be no
baggagemaster on duty.
Exhibit #8 is a copy of the notice posted on the baggageroom door at
Greenfield, Mass., October 3, 1934, for the information of the public.
"Exhibit #9, sheets a and b show times at which all passenger trains
are due to arrive- and/or depart from Greenfield, Jlass., under timetable
which was in effect from August 24, 1934, to September 27, 1934, inclusive,
and from September 30, 1934, to time of this submission."
(Exhibits Nos. 1 to 9, inclusive, are appended to and made part of this
Award.)
(162)
163
An agreement bearing effective date of July 15, 1925, exists between the
parties, and employes cite and rely upon rules
48, 49, 57, and 66 thereof,
reading:
"Rvrn 48. Intermittent Service.-Where service is intermittent, eight
(8) hours' actual time on duty within a spread of twelve (12) hours
shall constitute a day's work. Employes filling such positions shall be
paid overtime for all time actually on duty or held for duty in excess
of eight (8) hours from the time required to report for duty to the time
of release within twelve (12) consecutive hours and also for all time in
excess of twelve (12) consecutive hours computed continuously from the
time first required to report until final release. Time shall be counted
as continuous service in all cases where the interval of release from
duty does not exceed one (1) hour.
"Exceptions to the foregoing paragraph shall be made for individual
positions when agreed to between the management and duly accredited
representatives of the employes. For such excepted positions the foregoing paragraph shall not apply.
"This rule shall not be construed as authorizing the working of split
tricks where continuous service is required.
"Intermittent service is understood to mean service of a character
where during the hours of assignment there is no work to be performed
for periods of more than one (1) hour's duration and service of the
employes cannot otherwise be utilized.
"Employer covered by this rule will be paid not less than eight (8)
hours within a spread of twelve (12) consecutive hours."
"R77Ln 49. Weekly Aaaigmawnt.-Eruployees, except those who are paid
on an hourly basis enumerated in Section 4 of Rule 1, who have regular
positions and are a part of the regular force and who do not lay off of
their own accord will not be paid less than six (6) days per week, excepting that this number may be reduced in a week in which holidays
occur by the number of such holidays.
"Norm.-Nothing herein shall be construed as changing practice of working certain employees about stations part time and paying them for time
worked or preventing the excepting of certain employees that may be
mutually agreed upon between the management and the duly accredited
representatives of the employees.
"RULE 57. Overtime.-hlxcept as otherwise provided in these rules, time
in excess of eight (8) hours, exclusive of meal period on any day, will be
considered overtime and paid on the actual minute basis at the rate of
time and one-half.
"The provisions of this rule will not apply where employees alternate
between shifts for their own convenience or due to seniority changes.
"The provisions of this rule will not apply to spare employees who may
cover all or a part of two assignments in a 24-hour period.
"Rr7Ln 66.
Change fit
Title or Rate: Established positions shall not be
discontinued and new ones created under a different title covering relatively the same class of work for the purpose of reducing the rate of pay
or evading the application of these rules."
The Carrier cites from said agreement and relies upon Exception (a) to
Scope Rule 1, reading in part:
"These rules shall not apply · ' individuals where amounts of
less than thirty dollars ($30.00) per month are paid far special services
which take only a portion of their time from outside employment or
business."
The right of the Carrier to abolish a position, or positions, is confirmed and
its right to establish intermittent service at any point, under the provisions of
Rule 48, is also confirmed, provided service is not performed by other employees
during the intervals of release of those assigned under Role 48, Intermittent
Service. Baggage service was assigned to be performed by other employee
(ticket agents and janitors) during intervals of release of those assignul under
Rule 48, Intermittent Service, and, therefore, the baggage service at Greenfield,
Mass., was not intermittent within the meaning of Rule 48.
Clasaiication.-The classification of positions
NOS. 1, 2,
and 7, was not changed
and is not involved.
Position No. 3 shall be classified as baggagenran.
164
Position No. 6 shall be classified as baggageman, August 25 to September 29,
19'34, both inclusive, and the question of classification on and after September
30, 1934, is remanded to the parties.
Restoration of
Hours of Service as of August 24, 1934 (Exhibit 1). This is
a matter for Carrier's determination, subject to rules of agreement between
parties.
Rates of Pay.-The rates of pay for positions Nos. 1, 2, and 7 were not
changed and are not involved.
Carrier is agreeable to rating position No. 3 at $4.09 per day and position
No. 6 at 530 per hour.
Compensation for
difference in Earnings is due, as follows:
Position No. 1, under Rule 57, retroactive to September 28, 1934,
Positions Nos. 2 and 7, nothing due.
Position No. 3, under Rule 57, at baggageman's rate, retroactive to August
24, 1934.
Position No. 6, under Rule 57, at baggageman's rate, August 24, 1934, to
September 29, 1934, inclusive.
Positions Nos. 4, 5, and 6.-The evidence is not sufficiently conclusivk to
determine:
(a) the proper classification, hours of service, and rates of pay for positions Nos. 4 and 5, shown on Exhibit 4.
(b) the proper classification and rate of pay for position No. 6, freight
handler, shown on Exhibit 5, or that Rule 48, Intermittent Service, was
properly or improperly applied to this position on and after September
30, 1934.
therefore, claims pertaining to these three positions are remanded to the parties
for negotiation, in a ,further effort to dispose of the questions on the property.
AWARD
The classification, restoration of hours of service, rates of pay and compensation for difference in earnings for positions Nos. 1, 2, 3, 6 (as baggageman),
and 7 shall be disposed of in accordance with above findings.
Claims pertaining to positions Nos. 4 and 5, and to position No. 6, subsequent
to September 30, 1934, are remanded to the parties for negotiation and agreement, in accordance with above findings. If agreement is not reached, the
parties, or either of them, may resubmit the same.
By Order of Third Division.
NATIONAL RAILROAD ADJUSTMENT BOABD.
Attest
H. A.
JOHNSON,
Secretary.
Dated at Chicago, Illinois, this 30th day of September 1935.
EXHIBIT
No. 1
Titles, rates, duties, etc., for employes at
Greenfield baggage room. and freight
house prior to August 94, 1834
Basic Bulletined hours
Name Title rate
(day) Weak days Sundays
1. H.Wheeler_________ Begagunaster_.__ $4.51 6:15 a. m.-2:15 p.m_-._____ 5:30 a. m.-12:30 p. m.
2. John Hour ---------- naggagemaster___4.252:00 p.nc-10:00 p. m.____-_ 2:00 p. m.-10:0mp.m
0. J. Jakuuwski_ _-_. Baggagemaster_.__ 4.09 1:00 p. m.-10:00 p. m. (1 hr. None.
dinner).
4. J.SIaohetka_.______ Baggagemaster_._ 4.25 3:40 a. m.-11:40 a.m___ ___ None.
S. M.Sullivan_.____ Baggagemseter_4091:OOP.m-9:0Up.m.___.____ 7:30 P. m.-9:30 p. m.
6. J.Oleoski_ ____.__Bsggagemaster____ 4.09 3:40 a. m.-11:40 a.m_.____._ 5:wa.m-9:OOa.m.
7. J. F. O'Brien ______Janitor_____-____. 3.72 6:00 a. m.-2:00 P. m. (1 hr. same.
dinner).
Week Day duties prior to August 24, 1934:
H. Wheeler, 8 hours, Handling Milk, Mail, and Baggage entirely.
John Bourn, 8 hours, Handling Milk, Mail, and Baggage entirely.
165
J. Jakubowski, 3 hours 10 minutes, Work In Frt. House (1: 00 p. m-1:50
p. m., 2: 20 p. m.-3: 30 p. m., 4: 20 p. m.-5: 30 p. m.).
J. Jakubowski, 4 hours 50 rains., Handling Baggage and Mail.
J. Slachetka, 1 hour 15 minutes, Work in Fri. House (8:00 a. m. to 9:15
a. m.) ; 6 hours 45 minutes, Handling Baggage and Mail.
M. Sullivan, 3 hours 10 minutes, Work in Frt. House (1: 00 p. m.-1: 50 p. m.,
2: 20 p. m.-3: 30 p. m., 4: 20 p. m.-5: 30 p. m. ), 4 hours 50 minutes Handling
Baggage and Mail.
J. Oleoski, 1 hour 50 minutes, Work in Frt. House (6: 10 a. In. to 7: 00 a. In.,
8:00 a. m. to 9: 00 a. m), 6 hours 10 minutes handling baggage and mail.
J. O'Brien, 7 hours: 1 hr. 10 Rains. handling milk, mail, and baggage, Trs. 703,
51, 52 from 8: 10 a. m. to 8:35 a. m.-25 minx. ; Trs. 712, 54, and 73 from 10: 20
a. m. to 11: 00 a. m.-40 minutes; Tr. 77, 1: 35 p. m. to 1: 40 p. m.-5 Intrudes;
total l hour and 10 minutes; 5 hours 50 mins. ,janitor work at passenger station
and freight office.
Sunday assignments: All men working Sunday in Baggage Room except J. F.
O'Brien who does janitor work.
EXHIBIT No. 2
GREEVFIELn, MAss., August El, 1934.
All concerned:
Effective Friday, August 24, 1934, the positions of baggagemasters now held
by J. Oleoski, J. Jakubowski, J. Slachetka, and Dl. Sullivan are abolished.
Effective at the same time the hours of Baggagemasters H. Wheeler and J. Boom
are changed as shown below in positions .#1 and #2 respectively:
Laborers will be assigned as shown in positions
#3,
.#4, and #5 and .#6.
Position .#1: H. Wheeler.
Assigned hours:
Week days: 4:45 a. m. to 12:45 p. m.
Sundays: Same as weekdays.
Position .#2: J. Bourn.
Assigned hours:
Week days: 12:45 p. m. to 9:45 p. m. (1 hr. lunch).
Sundays: 2: 00 p. m. to 10:00 p. m.
Position .#3: Laborer, Rate 51¢ per hour.
Assigned hours: Weekdays: 5:00 a. In. to 8:00 a. m., 9:00 a. m. to
10: 45 a. In., 1: 45 p.
To.
to 5: 00 p. In.
Position #4: Laborer, Rate 51¢ per hour.
Assigned hours:
Week days: 9: 20 a.
In.
to 11: 00 a. In.; 1: 45 p. In. to 4: 45 p. In.; 7: 00
p. m. to 9: 20 p. m.
Sunday: 8:15 p. m. to 9:15 p. m.
Position #5: Laborer, Rate 51¢ per hour.
Assigned hours:
Week days: 7: 20 p. m. to 9:20 p. m.
S8
undays: 5:00 a. m. to 8:00 a. m.
Position #C: Laborer, Rate 51¢ per hour.
Assigned hours: Week days: 6:00 a. m. to 10:00 a. m.; 1:30 p. m. to
5:30 p. m.
(Signed) C. H. GUBTAysOH, Agent.
EXHIBIT
No. 3
GREENFIELD, Mass., August 25, 1934.
Ma. GUSTAVSON: Your notice to all concerned dated August 21, 1934, concerning positions of baggagemasters and assistant baggagemasters at Greenfield
Baggageroom, should be changed at once to conform to the following lineup;
Position 1: H. Wheeler, Baggagemaster to remain as outlined by you.
Position 2: J. Bourn, baggageinaster to remain as outlined by you.
Position 3: Asst. Baggagemaster instead of laborer, rate 51 cents per hour.
Assigned hours: Week days: 5:00 a. m. to 8:00 a. m., 9:10 a. m. to
10: 55 a. m., 1:45 p. m. to 5: 00 p. m.
Position 4: Abolish.
Position 5: Abolish.
166
Position 6: Asst. Baggagemadter instead of laborer, rule 51 cents per hour.
Assigned hours: Week days: 6:00 a. m. to 10:00 a. m., 1:30 p. m. to
5:30 p. m.
You are authorized to use two laborers at the 40-cents-per-hour rate, called
when and as you need them from time to time to assist with trains where the
transfer may be heavy.
- -, Superintendent.
2-mlt.
C/C Mr. R. A, Babcock.
(Signed) J. A. AiHnuv.
EXHIBIT
No. 4
Effective Friday, September 28th, the following changes will be made in the
hours of the baggagemasters and laborers at Creentield, Mass.:
Position .# 1: H. Wheeler.
Assigned hours:
Week days: 4:35 a. m. to 7:45 a. m., 9:10 a. m. to 10:45 a, m.,
12: 15 p. in. to 12: 45 p. in., 1: 50 p. in. to 4: 35 p. in.
Sundays, 4:45 a. m. to 12:45 p· m.
Position # 2: J. Bourn.
Assigned hours:
Week days: 1 : 50 p. m. to 9: 50 p. m.
Sundays: 2:00 p. m. to 10:00 p. m.
Position .# 3: J. Jakubowski.
Assigned hours, Week days: 4:45 a. m. to 7:45 a. m., 9:10 a. m. to
10: 45 a. m., 1: 50 p. m. to 4: 45 p. m.
Position # 4: J. Slachetkn.
Assigned hours:
Week days: 7: 20 p. m. to 9:20 p. m.
Sundays: 8: 15 p. m. to 9: 15 p. m.
Position # 5: Di. Sullivan.
Assigned hours:
Week days: 7:20 p. m. to 9,: 20 p. m.
Sundays: 5:00 a. m. to 8: 00 a. in.
Position # 6: J. Oleoski.
Assigned hours:
Week days: 6:00 a. m. to 10:00 a. m., 1:30 p. m. to 5:30 p. m.
C. H.
GUBTAvsoa,
Agent.
EXHIBIT
No. 5
10-1
v4.
Effective Sunday, Sept. 30, 1934, due to change in timetable the following
changes will be made in the hours of the baggagemasters and laborers at
Greenfield, Mass.
Position #1: H. Wheeler, baggagemaster.
Assigned hours:
Week days: 5:30 a. m. to 8:45 a. m., 10:00 a. m. to 11:00 a. m.,
12: 10 p. m. to 3: 55 p. m.
Sundays: 5:45 a. m. to 11:00 a, m., 12:00 bl to 2:45 p. m.
Position #2: J. Bourn, baggagemaster.
Assigned hours:
Week days: 2: 00 p. in. to 6: 35 p. in., 7: 35 p. in. to 11: 00 P. in.
Sundays: 2:45 p. m. to 10:45 p. m.
Position #3: J. Jakubowski, baggageman.
Assigned hours:
Week days: 6:00 a. m. to 8:45 a. m., 10:00 a. m. to 11:00 a. m.,
12: 10 p. m. to 5: 25 p. m.
Sundays: 6:30 a. m. to 8:30 a. m., 8:30 p. m. to 10:30 p· in.
Position #4: Laborer, J. Slachetka.
Assigned hours, Week days: 7:45 p. m. to 10: 15 p. m.
Position #5: M. Sullivan:
Assigned hours, Week days: 7: 95 p. m. to 10: 15 p. m.
Position #6: J. Oleoski, Freight Handler.
Assigned hours, Week days: 7:00 a. m. to 11:00 a. m., 2:30 p. m. to
6:30 p. m.
(Signed) C. il.
GvsrjvsoN,
Agent.
167
EXILIRIT No. 6
Titles, rates, duties, etc., for employes at Greenfield baggage room. and freight
house, effective Sept. 30th, 1934
Name Title Basic Bulletined bows
rate Weekdays Sundays
1. H. Wheeler - - Baggagemasten.__ $4.51 (day)-. 6:30 a. m.-8:45 a. m., 5::5a.m.-11:00 s. m.,
10:00 a. m,-11:00 12:00 m.-2:45 p. m.
a. m., 12:10 p. m.-
3:55 p. m.
2. John Down --------- Beggagemaster._._ $4.26 (day)-. 2:00 p, m.-6:35 p. m., 2:45 p. m.-10:46 p. m.
7:35 p. m.-11:00 p. m.
3. J.Jekubowski__ _. Baggageman._ __ $0.61(how)_ 0:011 a. m.-8:45 a. m., 0:30~a.m:8:30a.m.,
10:00
a. m.-11:0(1 8:30 ~ p. m: 10:30
a. m., 12:10 p. m.- p. m. r
5:25 p. m.
4. J.Blachatka_ _.__ Laborer__. so.40(how)_ 7:45 p. ca-10:15 p. m_. None.
5. M.sullivan ____ Lot,orer_________ $0.40(how)_ 7:45 p. m.-10:16p.m_. None.
0. J. Oleoski___ __ Freight handler- $4.00 (day)-- 7:00 a. m.-11:00 a. m., None.
2:30 p. m.-0:30 p. m.
7. J. F. O'Brlen ____
Janitor ------------ $3.72 (day)-. 7:00 a. m.-3:00 p. m. 7:00 a. m.-3:00 p. m.
(1
hr. dinner). (1 hr. dinner).
i J. Jakubowski states he understands from agent he will receive
1 how punitive rate each week day
a J. Jakubowed states he understands from agent he will receive 6 bows pay in accordance with Call
Rule.
Week-day duties effective September
30, 1034.
H.
Wheeler,
8
hours, handling milk, mail, and baggage entirely.
John Bourn,
8
hours, handling milk, mail, and baggage entirely.
J. Jakubowski,
0
hours, handling milk, mail, and baggage entirely.
J. Slachetka,
2
has.
30
mins., handling milk, mail, and baggage entirely.
lll. Sullivan,
2
bra.
30
rains., handling milk, mail, and baggage entirely.
J. Oleoskd;
2
llrs.
35
mina, handling milk, mail, and baggage;
5
has.
25
mins.
work in freight house.
J.
F. O'Brien,' 1
hr,
5
mins., handling milk, mail, and baggage;
5
has.
55
rains.,
Janitor work.
Sunday assignment:
All
men working Sunday in Baggage Boom except J. F.
O'Brien who handles mail from storage (!or about
30
minutes and loads Express
on Tr.
67
approximately
15
minutes,-balance of his time is janitor work.
EXHIBIT No. 7
GREENFINLn,
Mesa,
September
27,
1934.
File
C 455
MR.
J.
A.
CAMMML, MR. L. PFTTa,
MR. C.
WALLIN.
Effective Friday, September
28, 1UU34,
there will be various times through
the day when there will be no baggagemastel on duty.
During these periods the ticket agents will be obliged to check any baggage
which is offered for checking.
Yours truly,
(Signed)
C. 13.
GusTAvsoN,
Agent.
chg-b.
EXHIBIT No. 8
NOTICE
Closed
8:45 A. M.
to
to:
00 A. M., 11: 00 A.
M.
to
12: 10
r.
Al.
Call
at ticket office.
r Works trains 703-51 and 52, 8:05 a. m. to 8:45 a. m., 40 minutes; 712-54 and 73,
10: 15 a. m. to 11 : 00 a. an., 45 minutes; 57 and 72, 2: 35 p m. to :1 : 00 p. m., 25 mm·rtes;
717-00 and 75, 4:45 p. m. to 5:30 p. m., 4.5 minutes; total, 2 hours 35 minutes.
-Works trains 703 and 51, 8:10 a. m. to 8:35 a. m., 25 minutes; 7154 and 73,
10:20 a. m. to 11:00 a. m., 40 minutes; total, 1 hr. 5 minutes.
168
EXHIBIT
No. 9
Arrival and departure
of
trains--lareerofield, Mass.
TIME TABLE NO. 18, APRIL 29TH TO SEPT. 29TH, 1934
East West North South
693W 5:20,_________-.____ 658 5:24-5:45x_.._-.______.. 733D 1:39a %__.__.___-.._. 732D 3:30x.
52D7:26-7:33x__._________ 51W6:14-7:30x_______-..__ 70.5197:17-7:26x-____.______ 705255:33-5:45x.
54W 9:27-9:45x_____._____ 67910:21-10:35x____________ 703W 7:16-7:35x___.______. 78W 5:33-5:45..
56811:05-11:15x._.__--__._ 55W 10:26-10:38x_.________ 73W 9:35-9:45x._-_-______ 712W 9:20-9:33x.
BOW 4:p6-4:18P----____-_ 57W 2:03-2:15P---.___ ____ 77W 12:35P-.___.__________ 70505 9:47x.
6854:08-4:181)._._______. 59D6:22-6:25P- --______._ 7057512:35P-__.-_______ - 716W10:40a.
58D4:27-4:30P-__-_._._ __ 614V7:30P--.__________.- 705553:241)_ __ ________ 72W 2:09-2:151).
62D7:3&7:57P-_.________ 9558:07-8:251)________._-__ 717W3:49-4:OOP___..______ 74D4:11P.
97512:40-12:50x___.__._-__ 71ONV 5:Np-____-._______- 728W8:15-8:30P.
63W1:04-1:30x_______-____ 79D9:00-9:NP--________-_ 7060Se:22JP.
TIME TABLE NO. 17, SEPT. 30TH, 1934 TO APR. 27TH, 1935
East West North South
508W0:20a_.___-________ 6586:24-6:45x___.._________ 733D1:39a%__________.._ 732D3:30a%.
528:20-8:35x_______..__ 517:14-8:30-_______,__705158:17-8:26x._____ _____ 705256:33-6:45x.
6489:30-9:43x______-.__._. 555W12:21-12:331)___._.____ 703WSa6b:35a_.________78W6:33-6:4.5x.
54W 10:25-10:45x..__-____ 67912:39-12:461)_-__-______ 731V 10:35-10:45x_____-___. 712W 10:22h10:33a.
WBS 12:151)-__________-__ 57W 2:43-2:55P--_________70578 1-35P----____-_.____. 70505 10:50x.
68D 3:14-3:22P--__ _______ 59D 6:21-6:291)--._______. -7W 1:35P---___ ______ 720W 12:401)
60W 5:07-5:19P.-________61W 8:30P____..._________ 713W 3:lUP--_________ ___. 72W 2:41-2.481).
6885:08-5:181)---____._... 9589:051).____-____________ 7055S4:26P_____.__-______ 7241V 4:15p.
62D7:40-8:141).___..__-___ 9782:00-2:15-.____-_._-____ 7174:49-5:OOP..________ 74D5:111).
63W 2:04-2:34x__..__-_____ 719W 6:221)___.____.___.___ 728W 9:12-9:271).
79D9:59-10:lOP---______._7060S9:20P.
4V Week days.
a
Sundays. D Daily. R Do not stop.