Award No. 3359
Docket No. CL-3366
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Ernest M. Tipton, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
· (a) The Carrier violated the Clerk's Agreement by removing from the
scope and operation of that Agreement certain routine clerical work, herein
after described, and assigned such work to Mr. J. M. Traylor, Chief of the
Revising Bureau at Chicago, a position excepted from the Clerk' Agreement;
and,
(b) That the Carrier be required to restore all of the work involved
to the scope and operation of the Clerks' Agreement; and,
(c) That Revising Clerk Theodore E. Sanmann be compensated in the
amount of four (4) hours per day at punitive rate-monetary loss sustained
by him as a result of this agreement violation-from September 11, 1941
until the violation is corrected.
EMPLOYES' STATEMENT OF FACTS: Prior to August 22, 1941 the
force in the Revising Bureau at Chicago was as follows:
Name Position Assigned Hours
W. Hogan Chief of Revising Bureau 8:00 AM to 5:00 PM
T. E. Sanmann Revising Clerk 7:30 AM to 4:30 PM
H. Nelson " 1:00 PM to 9:30 PM
J. M. Traylor " 1:00 PM to 9:30 PM
L. Murphy Machine Operator 8:00 AM to 5:00 PM
F. Klebenow
11 11
1:00 PM to 9:30 PM
Mr. Hogan, Chief of the Bureau, which position is excepted from the
Agreement, supervised the work of the Bureau, took care of supplementary
corrections, outgoing transit shipments, diversions, correspondence and the
telephone. In addition he revised waybills from two daily reporting nearby
stations, viz., Lockport and Pekin, Illinois and five weekly reporting stations,
viz., Chillicothe, Coal City, McCook, Minonk and Morton, Illinois.
Revising Clerk Sanmanm's duties consisted of rating and revising all of
the inbound waybills, the work of adjustments on the Corwith outbound
13881
3359-13
400
The claim is entirely without merit and should be declined for the following reasons:
(1) The Bureau Chief at Chicago has always been a working supervisor. regularly performing clerical work, and was so recognized
under the Agreement effective December 1, 1929.
(2) The change in starting time effective September 11, 1941. for
Revising Clerk Sanmann was made in strict conformity with the
applicable provisions of the Clerks' Agreement effective December 1, 1929.
(3) There was no measurable or significant change in the work
assignments of the Bureau Chief, of Revising Clerk Sanmann,
or of any other member of the Revising Bureau as a result of
force reduction and changes in starting time which occurred
in September, 1941.
(4) The handling complained of was accepted and confirmed by
the negotiation of the new Agreement, effective October 1,
19.12, which was subsequent to the effective date of the claim
but prior to the date on which the claim was actually filed.
(5) Neither the claimant, Mr. Sanmann, nor any other employe
suffered any loss of earnings whatsoever as a result of the
handling complained of.
OPINION OF BOARD:
This record shows a hopeless disagreement between the parties as to the time this claim was first presented to the Carrier.
The Employes state that it was first presented on September 11, 1941. while
the Carrier denies that it was presented on that date, and states that this
claim was first presented to it on April 18, 1944. There is no evidence in the
record to corroborate the statements of either party.
For a proper determination of this dispute, it is essential for this record
to affirmatively show when the Employes first presented this claim to the
Carrier. The claim is. therefore, remanded to the parties for additional evidence to show when the claim was first presented.
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;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the claim is remanded to the parties for additional evidence to
show when the claim was first presented.
AWARD
Claim remanded to the parties for additional evidence to show when the
claim was first presented to the Carrier.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: H. A. Johnson
Secretaav
Dated at Chicago, Illinois, this 13th day of December, 1946.