NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION


PARTIES TO DISPUTE:





STATEMENT OF CLAIM: "Claim of the System Board of Adjustment, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes that failure and refusal of the Carrier to issue Seniority Roster and furnish copy of same to 'employes' representative' is in violation of the Rules of the Clerks' Agreement, and claim that said seniority roster be now issued and copy furnished in accordance with Rule 3-C of the Clerks' Agreement."


STATEMENT OF FACTS: The employes stated the facts to be:

"Under date of June 11, 1934, the parties to this dispute entered into a Labor Agreement with effective date of June 1, 1934, the scope of which is stipulated in Rule 1, thereof.


"The rules of said agreement provide for the establishment and maintenance of stipulated working conditions, hours of service, rates of pay and other regulations designed and constructed to establish regularity and uniformity of employment conditions.


"Rules 3, 4, 5, 6, 7, and 8 of said agreement were designed and constructed to establish a system of seniority principles and rights to govern the employment, promotion, transfer, displacement and retention of employment of employees covered by said agreement.


"(2) The Officers of the Carrier, including the highest operating Officer signatory to said agreement has failed and refused to apply the rules of said agreement generally to positions and employees in its General Offices.


"Such Officers, including the Chief Operating Officer signatory to the Agreement, have specifically failed and refused to comply with rules of the Agreement providing for the


"(a) establishment of seniority district for General Office employees, and

 "(b) issue, post and furnish the representative of the employees with a copy of seniority roster covering General Office employees.

"(3) This Carrier maintains General Office forces and positions in one or more buildings at Michigan City, Ind., and Chicago, Ill., as hereinafter detailed.


"The duties assigned to and required of such General Office employees are those ordinarily assigned to and required of Railroad General Office Workers, such as is stipulated and referred to in Rule 2 of the Agreement.


"The positions and employees in said General Offices are those which are specified and referred to in Rule 1 of the Agreement as-



19
 "Rule 3 (c) of the Clerks' Agreement requires that the Seniority Roster
 of all employes, showing name, position occupied, location, date of employ
 ment and seniority rights, will e posted in January and July of each year in
 agreed-upon places, accessible to all employes affected, copy will be furnished
 employes' representative.
 "The Carrier has always, since the date of said Clerks' Agreement on
 June 11, 1935 issued a Seniority Roster of all employes, excepting and ex
 cluding only those excepted and excluded by Rule 1 (d) and (e) of the,
 Clerks' Agreement, and furnish a copy to the Employes' Representative in
 strict compliance with the provisions of the Clerks' Agreement."
 OPINION OF BOARD: The evidence shows that on February 14,
 1936, the Interstate Commerce Commission, in its Docket No. S, found that
 the carrier here involved is subject to the provisions of the Railway Labor
 Act, as amended June 21, 1934. Therefore, this Division of the Adjustment
 Board has jurisdiction over this dispute.
 The evidence of record discloses it was not the intention of the parties
 to except from the scope of the Agreement all general office employes of th2
 carrier.
 There is a difference of opinion between the parties as to the positions
 that were to be excepted from the Agreement under the provisions of Rule
 1, paragraph (e) and whether certain other positions were to be excepted
 because of the confidential nature of the work performed.
 While the Agreement contains Exceptions, (Rule 1, paragraphs (d) and
 (e), the record indicates that final and definite negotiations were not con
 cluded as to the specific positions that were to be excepted from the Agree
 ment.
 The dispute should be referred back to the parties for conference and
 negotiations as to which positions in the general offices are to be excepted.
 If agreement thereon cannot be reached the dispute may be resubmitted to
 the Board by the parties or either of them for final determination.
 FINDINGS: The Third Division of the Adjustment Board, after giving
 the parties to this dispute due notice of hearing thereon, and upon the whole
 record and all the evidence, finds and holds:
 That the carrier and the employes involved in this .dispute are respective
 ly carrier and employes within the meaning of the Railway Labor Act, as
 approved June 21, 1934;
 That this Division of the Adjustment Board has jurisdiction over the
 dispute involved herein; and
 That all positions in the general offices are not excepted from the scope
 of the agreement;
 That the question as to which positions shall be designated "excepted" is
 remanded to the parties for conference and negotiation.
 AWARD
 Case remanded to the parties for conference and negotiation on the basis
 of the Opinion and Findings.
 · NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division
 ATTEST: H. A. Johnson,
 Secretary
 Dated at Chicago, Illinois, this 30th day of September, 1937.