BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT
HANDLERS, EXPRESS AND STATION EMPLOYES
"Request of R. &. steek that his Clerk seniority date should be June 16, 19`30."
FINDINGS.-The Third Division of the Adjustment Board, upon tile whole record and all the evidence, finds that:
The carrier and the employes involved in this dispute are respectively carrier and employe 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.
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:
"On current seniority rosters file, name of Mr. Steele is carried, as a trucker with date of January 16, 1920, and as a clerk with date of September 6, 1924."
There Is in evidence an agreement between the parties bearing effective date of December 1, 1924, and Rules 2, 3, 6, and 16 thereof have been cited, reading:
"(a) 07erica7 Workers.-Employes who regularly devote not less than four (4) hours per day to the writing and calculating incident to keeping records and accounts, rendition of bills, reports, and statements, handling of correspondence and similar work.
"(b) Machine Operators.-Employes who regularly devote not less than four (4) hours per day to the operation of office or station mechanical equipment requiring special .skill and training-such as typewriters, calculating machines, bookkeeping machines, dictaphones, and other similar equipment.
"The foregoing definitions, paragraphs (a) and (b), shall not be construp_d to apply to
"(1) Employes engaged in assorting tickets, waybills, et cetera, nor to employes operating office or station appliances or devices not requiring special skill or training such as those for duplicating letters and statements, perforating papers, addressing envelopes, numbering claims and other papers, adjusting dictaphone cylinders and work of like nature; nor to em. ployes gathering mail or other similar work not requiring clerical ability.
"(2) OfOCe boys, messengers, and chore boys; or to other employes doing similar work.
"Benin-ity Datum.-(a) Seniority begins at the time the employe's pay starts on the seniority district and in the seniority class to which assigned, and will apply in filling new positions or vacancies, and in the reduction of forces. This is not to conflict with Rule 4.
"When force is reduced employs will exercise seniority under the rules of this agreement first oil the roster of employees in Groups 1 and 2, subject to the qualifications of Rule 4, but if forced off of the roster of employees in Groups 1 and 2 lie may within five days resume date on seniority list from which promoted to roster of employes in Groups 1 and 2 amt exercise seniority thereon, retaining his seniority In Groups 1 and 2.
"Such seniority as :to employs fit Groups 1 and 2 may be :cialtied only on file condition that he returns to a posphom in Group 1 or Group 2 whenever force is increased or he bids for and accepts the first vacancy in Group 1 or 2 for which qualified under Rules 4 and 8."
"Roster.-A seniority roster of all employes in each established seniority district and of the classes of employes, showing name and proper date. will be posted in designated places accessible to all of the employes affected. These rasters will be revised and posted in January and July of each year and will be open to protest for a period of sixty days from date of posting. Upon presentation of proof of error by employs or his representative, such error will be corrected. The duly accredited representative of the employs shall be furnished with copy of roster. If :t seniority roster is revised or rewritten at any other time than In January or July, because of reduction in force or due to turnover in force, tile duly authorized representotive will be given a copy thereof upon request.
"The names of laborers will not be included on their respective seniority rosters and their seniority rights will not apply until they have been in continuous service of these Railways for six months."
In addition thereto, the Carrier cites the following rules of previous agreements between the parties, beginning with the effective date of the National Agreement, January 1, 1920, reading:
"1920-National Agreement-Rule No. 1. These rules shall govern the hours of service and working conditions of the following employees on railroads in Federal operation, .subject to the exceptions noted below:
"(2) Other office and station employees, such its office boys, messengers, chore boys, train announcers, gatemen, checkers, baggage and parcel room employees, train and engine crew callers, operators of office or station equipment devices, telephone switchboard operators, elevator operators, afire, station, and warehouse watchmen, and janitors.
"(3) Laborers employed in amt around stations, storehouses, and warehouses.
"Exceptions: x · V"'7920 National Agrecmetrt-Rule 4. Emplovees who regularly devote not less than four hours per day to the writing full calculating incident to keepins lecords and accounts, writing and transcribing letters, bills, reports, statements and similar work, and to tile operation of office mechanical equiprneut and devices in connection with such duties and work shall be designated as clerks. The above definition shall not be construed to apply to
'7. Employees engaged in assorting tickets, waybills, etc., nor to employees operating appliances or machines for perforating and addressing envelopes, numbering claims of other papers, adjusting dietaphone cylinders and work of a like nature; nor to employees gathering or delivering mail or other similar work not requiring clerical ability.
"IL. Office boys, messengers, and chore boys; or to other employees doing similar work.
"3. Employees performing manual work not requiring clerical ability.""1917()-National Agreement-Rule No. 5. Seniority begins at tile time the employe's pay starts."
"1920-National Agreement-Rule No. 22. A seniority roster of all employees lit each seemor:tc <listriet, showing name and proper Baling will be posted in agreed upon places accessible to all enrployces affe·ted. The rosters will be revised and ported fit January of each year, amt will be open to protest for et period of sixty (00) days from date of posting. Dlmn presentation of proof of error by art employee or his repre.,eutativo, such error will be corrected. Tire clufy accredited representative Of tin, employ-eo shall Ile furnislu·d with a copy of tile roster upon request
"Tile proviAnns for :initial[ revkion and posting of se=nior sty rnaer., tvill not be construed to mean that tile duly allthormod reprctclltolivee of the employees will be denied lite right, to request and receive a revised roster, when :t reduction in force is contemplated or vvllelt (tile ill 1:112-loner in force, the annual roster (as applied to it selliolity district) does not furnish tile infortnntion necessary to appt3 properly tile seniority treovisiotrs of this schedule.
"NOTE.-Ill view of tile variety of employees covered by these rules, seniority rosters fry classes, to be mutually agreed upon by the management and the duly accredited representatives of the employees shall be established."
"1920-National Agreement-Rule No. 23. Seniority rosters will allow tile name and date of entry of the employees into the service of the railroad, except that names of laborers trill not be included Old their sciliority rights will not apply until they have been in continuous service of the railroad in excess of six (0) months:"
"1922-Agreement-Article I, Section 1. The following rules constitute an agreement between [fort Worth and Denver City Railway Company ' ' ' and that class of employes represented by Brotherhood or Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, and shall govern the hours of servico and working conditions of the following teamed classes of employes "' * *, subject to the exceptions Earned in Section 2 of this Article.
"(1) Clerks, as defined in Article 11."(2) Other office and station employes, such as office boys, messengers, chore boys, traits announcers, gateluen, baggageroom employes, par'celroom employes, train and engine crew callers, operators of office or station equipment devices, telephone switchboard operators, elevator operators, office and station watchmen, and janitors.
"(3) Laborers employed !it and around stations, storehouses, and warehouses.
"1922-Agreement-Article II. (a) Clerical Wo-rkerc-Employes who regularly devote not less than four (4) hours per day to the writing and calculating incident to keeping records and accounts, rendition of bills, reports, and statements, handling of correspondence and similar work.
"(b) Machine Operators.-Employes who regularly devote not less than four (4) hours per day to the operation of office or station mechanical equipment requiring special skill and training-such as typewriters, calculating machines, bookkeeping machines, dictaphmes and other similar equipment.
"The foregoing definitions, paragraphs (a) and (b), shall not be construed to apply to:
"(1) Etnployes engaged in assorting tickets, waybills, or cetera, nor to employes operating office or station appliances or devices not requiring special skill or training such as those for duplicating letters and statements, perforating papers, addressing envelope:, numbering claims and other papers, adjusting dictaphone cylinders, and work of like nature; nor to employes gathering mail or ether similar work not requiring clerical ability.
"(2) Office boys, messengers and (bore boys; or to other employes doing similar work.
"(3) Students and apprentices qualifying for specific clerical work or as machine operators.
1922-Agreement-Irticle III, Section 1. "Seniority begins at the time tile employe's pay starts, on the seniority district. amt in the seniority class to which assigned, * * *"
1922-Agreement-Article 111, Section 13. "A seniority roster of alt employes in each established serrlority flislrict and of tile classes of employes, showing name and proper date, will be posted Ili designated places accessible to all of the employes affected. These rosters will be revised and posted in January arid July of each year and will be open to protest for a period of sixty days from date of posting. Upon presentation of proof of error by employe or his representative, such error will be corrected. The duly accredited representative of the employes shall be furnished with copy of roster. If a seniority roster is revised or rewritten at any otl,er tame than in Janeary or July, because of reduction in force or due to turn-over in force, tile duly authorized representative will be given a copy thereof upon request.
'.The names of laborers will not be included on their respective seniority rosters and their seniority rights will not apply until they have been fn continuous service * * * for six rnorrths."
Petitioner contends that Mr. R. E. Steele first entered service of the company as trucker at Amarillo, Tex., January 15, 1920, and served in that capacity until June 10, 1920, when lie was promoted to checking freight oil a clerical position; that the records at Amarillo Station show that tie worked the following number of days as Clrer4c Clerk (luring the year 1920: Jane 13, July 27, August 26, September 24, October 26, November 26, and December 2G. The records also show that Air. Steel( continued to check freight throughout the year 1921 and up to October 1, 7922.
That the positions at Amarillo were then reclassified by understanding between the parties effective October 1, 792'2, vvlrereupon Mr. Steele was displaced from the regular cloeeker pocitiotr by a senior employe; that tile records will show, however, that subscauent to Ortolar 1, 1922, lie worked as Check Clerk as follrnv5: December 10`_2, ;; days; January, 192:9, 3 days; February, 79:33, 3 clays; August, 1923, f5~, days; Septolnber, 1923, 11 days; Marelr, June, Atrmst, and September, 1924, 12, 23, 1G, and h (lays respectively.
The petitioner also contelul5 that bur. Stoele's name was carried out tile Clerk's seniority rosters from the time of potting of first roster, March 1'3'G2, after his employment at Amarillo, up to and including lire hosting of Ilre January 1, 1926 roster, rcith a Group 1 an,l 2 (clerical) solliolity ,late of January lo), 1920; that tire Carrier, Ili revising and poslin, tile .July 1. 1920, roster, erroneously and without authority changed Mr. Steele's :ealority rutting its a cleric to September 5, 192.4.
The petitioner further contends that tile provisions of Rule 6 of the December 1, 1924, agreement between the parties, upon which the carrier relies for its action in changing Mr. Steele's clerical seniority dating, is not retroactive in its application; that there was no such provision in the 1920 and 1922 agreements.
'rho carrier contends that claimant R. E. Steele was not a Clerk in 1920. and that when he did become a clerk, his seniority date of September 5, 1924, was definitely established on June 29, 1926, on which (late he and others concerned were notified in writing; that the clerical dating of September 5, 1924, appeared on thirteen consecutive issues of the Clerics' roster, for a period of six years, before it was questioned or protested; that the date of September 5, 1924, is Steele's correct clerical seniority dating; that the position occupied by Mr. Steele prior thereto was treated as that of trucker in applying increases and decreases granted by decisions of the United States Railroad Labor Board during the years 1920, 1921 and 1922.
The Third Division finds that early ill 1922, the matter or proper classification of freight house employes at Amarillo was the subject of correspondence between the parties, and which correspondence terminated with the Carrier's and petitioner's letters of September 23 and 20, 1922, respectively, with tile following understanding:
"We now have authority to re-rate and classify the position at Amarillo Freight Station occupied by Mr. O. B. Brock front that of trucker to that of check clerk at rate of $4.05 per day, effective October 1, 1922, and allow back time adjustments retroactive to February 1, 1922.
"On the assumption that there has been no break in the continuity of Brock's service since October 16, 7919, it will be satisfactory to show his seniority date as Cleric as October 16, 1919, this I believe is date that our Agent, Amarillo, advised that Brock started checking freight"
It is contended by the petitioner, not denied by the Carrier, and this Division further finds that, R. E. Steele occupied the position above described bebrinning with June 16, 1920, and at various times thereafter for extended periods, and under the terms of the, agreement then in effect, R. E. Steele acquired a clerical seniority dating as of June 18, 1920.
Request granted. Mr. R. I9. Steele shall be given it seniority date us Clerk. as of June 16, 1920, and the rosters shall be corrected accordingly.