NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE-:

BROTHERHOOD OF RAILWAY AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS

AND STATION EMPLOYES




STATEMENT OF CLAIM: "Claim of employes-

(a) That the assignment of clerical work hereinafter described at Dumas, Ark., Station to employes not covered by the Clerks' Agreement and who hold no seniority rights to perform such work is a violation of the current Clerks' Agreement.


(b) That such clerical work shall be assigned to and performed by clerical forces holding seniority rights under the Clerks' Agreement, and


(c) That Clerk D. Slaughter and others affected holding seniority rights to such clerical work shall be reimbursed for wage loss sustained, retroactive to October 1, 1935, as a result of the carrier's violation thereof."


EMPLOYES' STATEMENT OF FACTS: Prior to October 15, 1935, the station force at Dumas, Ark., consisted of:



On October 15, 1935, a position of telegrapher was put on, with assigned hours 8:00 A. M. to 5:00 P. M., the same hours as the agent, rate 610 per hour, to take care of the increased business during the cotton season. On December 25, 1935, when the cotton season was over, the permanent position of Clerk was taken off and the seasonal position of telegrapher was allowed to remain. Thereafter the force consisted of:

The clerical position discontinued December 25, 1935, was a permanent position which had been in existence for many years.

 POSITION OF EMPLOYES: "1. For many years prior to October, 1935, the carrier has maintained at its Dumas, Ark., Station, the following positions in addition to position of Agent-Telegrapher:

"The position of Cotton Clerk while maintained on a permanent authority basis and is included in the Clerks' Wage Agreement, has been filled only
                  697


Time Miscl. Tel'gh
 From To Work Work
 933a 936a On message phone, then on No. 9 wire
 after "JC" about car at Winchester 3"
 936a 937a Sell two bus tickets 1"
 937a 950a Outside to check unloading of freight from
 switcher 13"
 950a 955a Dispr. rings about switcher. Then on No. 9
 wire calling "JC" and reporting on car
 at Winchester 5"
 955a 957a Outside to see if switcher is going to get out
 for 161 2"
 957a 10a Reporting situation to Dispr. and continues
 to watch situation for dispatcher 3"
 10a 1005a Receive WU message and fix up .for de
 livery 5"
 1005a 1007a Checking out freight to truck 2"
 1007a 1022a Switcher went north and now out looking
 for 192 and reporting to Dispr. Fixing
 up order blanks. Reporting switcher as
 departing. Now out to see if 192 will
 get out for 161. Watch 192 go by. Re
 porting 192 to Dispr. 15"
 1022a 1026a Checking freight waybills 4"'
 1026a 1027a Answer message phone 1"
 1027a 1042a Out in yard checking cars 15"
 1042a 1043a Recording arrival Exa. A-350N 1"
 1043a 1100a Billing express and keeping block out for
 161. Sells ticket for bus 17"
 1100a 1101a Checking freight waybills 1"
 1101a 1102a Answers Dispr. about 161 1"
 1102a 1104a Still watching for 161 checking freight way
 bills-Sells bus tickets 2"
 1104a 1109a Outside, watch 161 go by. Pick up mes
 sage thrown off and "OS" 161 and Exa.
 A-350N 5"
 1109a 1112a Check watch and watch card with Inspector 3"
 1112a 1123a Checking freight waybills. Making tonnage
 and seal record for car lumber 11"
 1123a 1126a Calling "MCI' for message dropped by 161 3"
 1126a 1145a Checking express and making express bills
 and receipts 19"
 1145a 12K Checking express and making express bills
 and receipts. Watching for switcher
 southbound 15"

OPINION OF BOARD: This case is similar in principle to that involved in Award No. 615 in which the relations between the Clerks' agreement and the Telegraphers' Agreement so far as concerns situations of this kind was given extended consideration and the conclusions there reached are applicable here.


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 respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

                  698


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

 That the Board finds no violation of the Clerks' Agreement.

                  AWARD


Claim denied.

            NATIONAL RAILROAD ADJUSTMENT BOARD

            By Order of Third Division


ATTEST: H. A. Johnson
 Secretary

 Dated at Chicago, Illinois, this 2nd day of May, 1938.