BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railway Clerks that Mason P. Gordon, Claim Clerk at Fruitvale, California, shall be paid for wage loss sustained account failure of the Railroad to call him on Sunday, February 22nd, and on Monday, February 23rd, 1942 for the performance of work ordinarily and regularly assigned to and performed by his position.
EMPLOYES' STATEMENT OF FACTS: Mason P. Gordon is assigned to position of Claim Clerk at Fruitvale, California. A portion of his regularly assigned duties consists of performing so-called "industry" work, such as receipting bills of lading for carding, sealing, tagging and listing carload shipments of glass jars outbound from Hazel Atlas Glass Co., located on a spur track near Fruitvale.
Position of Claim Clerk being filled by Gordon is not regularly assigned to perform service on Sundays or holidays. However, Gordon is frequently called on such days for the purpose of performing work such as described above.
On Sunday, February 22nd, and on Monday, February 23rd, 1942, it was necessary to receipt bills of lading for card, seal, tag and list carloads of glass jars for outbound movement from Hazel Atlas Glass Co. Gordon was available for a call performance of this work. An employe other than Gordon, and who does not perform this type of work ordinarily was called for the performance of this work.
POSITION OF EMPLOYES-. The following rules are cited from agreement between the parties, bearing effective date of October 1, 1930.
Carrier contends that there ;s nothing in the schedule which requires it to call any specific employe for the duties here involved. During the weekdays, each of the employes, i. e., the Claim Clerk and Bill Clerk, performs some of the duties, and Carrier was applying the Schedule fairly in calling one of these employes to perform the duties on Sundays and holidays.
OPINION OF BOARD: Claimant holds the position of Claim Clerk. A portion of his regular assigned duties consists of so-called "Industry" work, such as receipting bills of lading for carload shipments of Glass jars outbound from Hazel Atlas Glass Co., and carding, sealing, tagging and listing same. On Sunday, February 22 and the following Monday which was observed as a holiday it was necessary that some of this work be performed.
Claimant was not regularly assigned to work on Sundays but on the dates in question he was available to be called. He had been called on other occasions. However, on these dates Carrier called another employe, a Bill Clerk, whose regular duties do not include this type of work.
We do not believe Claimant is entitled to the exclusive right to perform all of the overtime work of this kind as against every other qualified employe. Still, under the conditions existing in this case and as against an employe who ordinarily does not perform such work as part of his own regular work, we believe Claimant is entitled at least to a preference in performing the overtime work of his position. Such is the apparent holding under somewhat similar facts in Award 2282.
There is a relevant principle laid down by this Board in Award 2467, where we said:
It was pointed out in that Award that the claimant there was available and would have been obligated to respond to a notice or call to perform the required service. This Board applied the above principle later in Award 3271 where it is quoted with approval.
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 berein; and .