NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
UNITED TRANSPORT SERVICE EMPLOYES
CHICAGO & WESTERN INDIANA RAILROAD COMPANY
STATEMENT OF CLAIM: Violation of Rule 2 (a) and 2 (c) of an
existing
agreement and
memorandum of agreement dated June 20, 1940.
A further claim is made for compensation for all
employes affected by
this violation beginning with November 17, 1946.
EMPLOYES' STATEMENT OF FACTS; On or about November 17,
1946,
the Chicago
Western Indiana Railroad Company instructed baggage
handlers in its baggage
department to remove all
bags from trains of the
Erie Railroad Company, entering that terminal bearing a luggage check
placed
there by
the coach porters. They were further instructed to handle
this luggage by baggage truck and
deliver it
either to the parcel check room
of that terminal or to the Parmelee office in that terminal. The handling of
luggage from all Erie passengers of Erie trains in that terminal prior to the
new order above mentioned, had been done by red caps under a contract
signed June 12 1939. Subsequent to this change in the handling of baggage
from the Erie trains, the Chicago Western Indiana Railroad Company issued
an order decreasing the number of red caps employed by eight persons. All
documents, correspondence in connection with this case are attached as
Exhibit A.
POSITION OF EMPLOYE The position of the employe is that Rule
2 (a) and (c) of its agreement with this carrier and its memorandum of
understanding of June 1940 has been violated. Rule 2 reads as follows
with emphasis on 2 (a) and (c).
Rule 2-Definition and Duties of Red Caps
(a) Red caps are those employer whose general duties are to carry
hand baggage or luggage, packages and other articles to and
from trains, parcel and baggage rooms, taxicabs, and other
vehicles; and to assist passengers, and perform 'such other acts
related to these general duties as may be assigned to them.
(b) The foregoing definition shall not be construed to apply to
baggage or parcel room employes.
(c) Change of Titles-Established positions shall not be discontinued and new ones created under a different caption covering relatively the same class of work for the purpose of evading
the application of these rules.
It will be noted that Rule 2 definitely describes the duties of red caps.
Those duties specifically include the handling of baggage, packages or other
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OPINION OF BOARD:
Based upon all of the facts and circumstances
of this particular case, the Board is not disposed to disturb the action of the
Carrier.
FINDINGS: The Third Division of the Adjustment Board, aftei 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 Board is not disposed to disturb the action of the Carrier.
AWARD
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: H. A. Johnson
Secretary
Dated at Chicago, Illinois, this 7th day of April, 1948.