NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the Terminal Board of Adjustment, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, that the Carrier violated the Agreement:
1. When on November 1, 1945, it appointed Mr. L. W. Dodge and Mr. W. F. Barclay to the positions of "Traveling Agents" as "Excepted" positions in the office of the General Agent and Car Accountant, formerly the Superintendent of Car Service and declined the applications of Mr. W. F. Ashcraft, Seniority date July 6, 1910 and Mr. G. W. Hughes, Seniority date September 14 1923 :for these positions. The seniority dates shown are those acquired in the office of the General Agent and Car Accountant, formerly the Superintendent of Car Service. The men who were appointed held nc seniority in the department where they were assigned..
2. That Mr. W. F. Ashcraft and Mr. G. W. Hughes be assigned to the positions of Traveling Agents and compensated for all monetary losses suffered since the position were established on November 1, 1945.
EMPLOYES' STATEMENT OF FACTS: The title of Superintendent of Car Service was abolished November 1, 1945. On that date Mr. P. E. Reineke, who held the title of Superintendent of Car Service was appointed General Agent and Car Accountant and his new duties included the supervision of yard clerks in conjunction with the Superintendent, and we submit as employes' exhibit "A" copy of the bulletin issued by the Carrier announcing this change. On the date of this appointment Mr. L. W. Dodge and Mr. W. F. Barclay were transferred from other departments of the Carrier and were appointed to the newly created positions as "Traveling Agents" in an excepted capacity. The claimants, Mr. Ashcraft and Mr. Hughes, not having had an opportunity to bid for the positions, made formal application to the General Agent and Car Accountant and were advised by the General Agent and Car Accountant that these positions were the subject of negotiations between the General Chairman of the Clerks' organization and the Director of Personnel of the Carrier. Copy of these applications and replies are submitted as Employes' Exhibits "B. C. D. E." We herewith present as Exhibit "F" a letter written by the Director of Personnel to the former General Chairman Mr. P. A. Dwyer, following a conference held October 17th, setting out the duties of the positions and requesting the consent of the organization in line with Paragraph "E" of the Exceptions under Rule 1 of the agreement, to establish the two positions as "Excepte,d Positions".
As Employes Exhibit "G" we present letter of October 30, 1945, written by former General Chairman, Mr. P. A. Dwyer, to the Director of Personnel, requesting that spectied changes be held in abeyance and in response to that
eral duties of the positions are comparable with those of other excepted positions already agreed to (see Rule 1); and there is no similarity whatever between the duties of the clerks holding seniority in the General Agent and Car Accountant's office and the duties of yard clerks scattered over the entire property, the claim of the organization that they should be open for the exercise of seniority on the part of the employes in the General Agent and Car Accountant's office is without foundation. It is true as the organization outlines in their Statement of Facts, that "the men who were appointed hold no seniority in the department where they were assigned," but conversly, the man in the General Agent and Car Accountant's office making claim for the positions likewise hold no seniority in the seven separate and distinct yard clerks' seniority districts where the new appointees must perform most of their duties.
The supervisory positions in question require men of certain caliber and experience riot possessed by all employes, responsible directly to the General Agent and Car Accountant, and there should be no limitation on his right to appoint them. However, it will be noted that we followed the principle enumerated in Rule 1 in making the appointments, in that the incumbents of the positions were chosen from the ranks of employes represented by the Clerks' organization and holding seniority under the Clerks' contract. This is as far as we should be expected to go. It will also be noted from the carrier's Statement of Facts that both men have been in our employ for many years--one since duly 17, 1914 and the other since December 8, 1923.
OPINION OF BOARD: On October 17, 1945, a conference was held between the Petitioner and the Carrier in reference to the establishing of two positions known as "Traveling Agents" in the "excepted" class under Rule 1 of the Agreement effective April 1, 1945. The Petitioner asked the Carrier to furnish a detailed description of the duties to be performed on these positions. On October 23, 1945, the Carrier complied with this request and stated:
On October 30, 1945, the Petitioner replied by letter that similar positions on trunk lines were not "excepted" positions and declined Carrier's request, and in this letter the Petitioner made the following request:
On the same day the Carrier wrote the General Chairman in part as follows:
The Carrier then gave its construction of Rule 1 with reference to "excepted" positions. This letter also stated:
·fi&6T 'TZ aunr Panoaddp up 'joy aoqp·I 6pmlISZI ail; ;o 2alapam ail; alil;Im saSoiduca put aalaapo SIOAI; -oadsaa Jas a;ndsip San III POAIOAai saXoldma ail; put aaujua ail; ;uq,L
SPIOq pup spug 'aouap!.ka ail; lip put Paoaaa aloqm ail; uodn pus 'uoaaacp 2ulapail ;o aol;ou anp a;ndsip S[ill o; sal;xpd ail; 2UIA72 aa;;a 'papog ;uam;snfpy ail; ;c uoiscnla palqy aqL :S`JNIQNIA
-suoi;csod _pa;daaxa_ se suoutsod asaq; clslIqp;sa 0; ;il53ia On Ppq J9TIJp,7 acl; Paoaaa ST11I Japan ;pill piocl op am ;ng ·uogsanb ;pill ammaa;ap ;ou Illm aA,~ pagjs9vIo os uaaq anpq plnoqs Aaq; ;pq; ail Sum ;I pa;onpuoo uaaq ptq suo7;pl;o2au :adoad ;I *suol;!sod ,pa4daaxa, Sap .fail; ;tq; pua;uoa o; ;il2ia on sail 'Sao; -asaq; 'pus 'suol;m;o2au asail; 2ul;anpaoa uc q;7p; poo2 ;som;n u! ;ov ;on PIP saoau;sucnoaca asaq; Japan aaqaapZ) ail; ;pill apnlouoo aAL -laud s,aalaap0 ail; no uol;ou ao; S;LSSaaaa a;tcpaanul on sum *Jain ;Ty; 2ulmoqs 'ZT sail -uianoN il;un appuc spm ;uauxu2issa ou 'zanamOH ;sT aaquunol~l anc;aaga 'sa0l; -leod ,paqdaoxa,, se aiaq; pa;eaao aalaap3 ail; Sup amts aqi no ;a.f 'aoupSaqp u! Piail ail sa2apno pa;pidcaa;aoo Sill ;ail; Paalsp OE aaqo;110 ;o aa;;al s,aaum; -l;ad 'ssaa2oad u! aaam SUOTIUT102OU allilm 9110!;;sod ,PO4dO3X4,, aSalP Pails!! -qp;sa aacupD ail; ;p11; smollo; ;! aoIuldo slq; III Pa;p;s 9;0t; ail; ucoad
'T65Z PapmV 'aol;isod ,pajdaaxa, up s! ;! 3? au;aaaa;ap o; uoi;lsod ail; o; pau2issp sai;np ail; aioa; uoi;sanb ail; ;p alool pup uoq;paaplsuoo aapun uoi;isod ail; ;o p;laaur Sill dq Slaloa papln2 ail ;anm sapapd cl;oq q;cp; poo2 ui ;op oL Isil ,pajdaDica, ail; ucoa; Panouc -as ail ;oaaaa ml;csod ail; uaq; 'aaa.ga o; alqpun Oat pup uol;lsod ,pojdaDx9,, at up pag!ssplo ail o; uoi;lsod a ao; paau Sup aa2uol ou s! aaail; aaq;ailm o; up q;!p; poo2 u! ;op sallitd q;oq ;! ao : qons st pailsilqp;sa ail ;ounea ;! uail; 'aaa2p o; alqpun III;s oat pas uo;;lsod ,pajdaoxa, up ail pinoqs pa;sa.co ail a; unl;Isod man a aacl;ailm 2ulaapcsuoo u! il;Ie; poo2 ui ;op sac;sad il;oq jj -qons se uoi;lsod _pa;daoxa_ 2upsIxa 1113 2uldaag JO; Poop Sup 132UOI On ST adaq;;I JO paqslIqe;sa ail pino,is um;csod ,pajdaDxa,, man pasodoad a ji aulmaa;ap o; q;cu; poo2;soax;n asn o; paainbaa Sae sal;apd q;oq ;till On o; sapaddp ;! 'alna sill; aapufl
,uodn paaa2p ;ou oat .fail; ;7 'ppoallpa ail; a;aaado o; papaau ail Spar Gag; Slppq aanamoci 'suoi;lsod ,pajdaDxa,, man 2ul;saao JO; PDP!noad aanpaooad on s! aaaqL ';uaacaaa2p ipn;nuc Sq si ;ell; pup 'uoi;ipuoo out uodn Panoaxaa ail .feat ;SLI ail; no mou suoi;lsod ,paj6axa,, ascmaaill put ;sll ,pajdao -x11_ 0114 0; pappp ail Sum suol;Isod man ;pill PaPIAOad 6Iulpld aina s;qy
:laud u! sppaa ;! pup 'papps sum qOCqm ' (a) T alna st;pcIy 'alna man p suip;uoa pup 'gy6T 'T IIadV anl;oajja spm ilaiqm ;uanwaaa2p ;uaaano ail; aapun pap!oap ail ;snm a;ndslp sail; 91111m 'ZZ61 'T 6apnaqa,ff and;gaga ;uauaaaa2p up aapun paploap aaam Bail; uospaa ail; so; a;nd -sip s!q; 2umaaa;ap u! anlpn aI;;II ;o oat epapmp asoq; ;nil 'a;ndsip ;uasaad ail; u! Sae SE' SOT;apd am ail; anlonu! PIP E69Z Pup EZTZ 'SON sPJumV
'o;a.Will pappp AIaadoad ail ;ou plnoo suol;Isod man pus aPpux sum ;upuaaa2y ail; Jun; ail; ;p ;sil ,pajdaDxa,, ail; no pa.readdp ;pill asoil; o; pa;luau sum ;sil ,pa;daoxa,, ail; ;pq; aoao; a; mt[; ;uam -aaay ail; Sq Papua;uoo aol;azlus2J0 ail; '.its o; s! ;pqy qsl[ ,paqda3xa,, ail; o; suol;lsod luuol;Ipps aalpuu o; aoua;slxa a[ uaq; ;uauxaaa2y ail; aapun ;112;a On Ppil aauapo ail; ;till papua;uo3 uol;pzlup2ao ail; sa;nds7P 990TIl III T69Z pus EZjiZ *soN papmV ano uodn saiiaa aa!aapa ail; 'uoi;oe s;c ulp;sns o,L