NATIONAL RAILROAD ADJUSTMENT BOARD

Third Division

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

MISSOURI PACIFIC RAILROAD COMPANY

DISPUTE.-"Violation of the provisions of Rule 76 of the Clerks' Agreement effective August 1st, 19'26, account abolishing position of Head .Janitor, Union Station, Little Rock, Ark., and creating in lieu thereof position of Custodian, appointive and on a monthly rate. Claim for a wage loss sustained by C. L. Stack and for restoration of Dead Janitor's position and that same be bulletined in accordance with the rules of the Agreement"

FINDINGS.-The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that-

The carrier and tire employes 'nnvolced in this dispute are respectiiely carrier 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 herein.

On account of closing a number of offices in the Little Rock Union Station Building and thus reducing the space requiring janitor service, tile positions of Building Custodian, occupied by 1V. It. Meeks, rate $210.00 per month, and Head Janitor (in charge of night cleaning force), occupied by C. L. Stack, rate $3.16 per day, were abolished, April 10. 1932, amt the supervision of the janitor force (day and night) was placed under jurisdiction of Station Master, whose tour of ditty was during the d_iy period.

Superintendent's bulletin No. 64, dated January 28th, 1933, called for restoration of position of Head Janitor, $3.16 per day, hours of service, 8:(10 p. m. to 5: 00 a. m., lunch period, 12: 000 midnight to 1: 00 a. m. This bulletin was cancelled before an assignment was made.

The position of Building Custodian, rate $125.00 per month, in charge of night janitor force, was created February 1, 1933, and John Parker, previously employed as Station 1lfaster at Texarkana, Texas, was assigned thereto.

An agreement between the parties bearing effective date of August 1, 1926, is in evidence, and the petitioner cites and relies upon Rule 76 thereof:

"RULE 76. Established positions siratl not be discontinued and new ones created under a different title covering relatively the same class of work for the purpose of reducing the rata of pay or evading the application of these rules."

The Carrier represents that "Building Custodian" is a supervisory position and does not come within the Scope Rule of the .Agreement, which reads as follows

"RULE 1. Scope-Employes affected.-These rules shall govern the hours of service and working conditions of the following employes, subject to the exceptions noted below:

"(1) Clerks.

"(2) Other office and station employes, such as office boys, messengers, chore boys, train announcers, gatemen, ebeckers, baggage and parcel room entployes, train and engine crew callers, operators of office or station equipment devices, telephone switchboard operators, elevator operators, office, station, and warehouse watchmen, and janitors.

"(3) Laborers employed in and around station, storehouses, and warehouses,"

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