STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
K. C. Livingston, Restroom Attendant, Wilkes-Barre, Pennsylvania, be compensated at the Crew Dispatcher's rate of pay for all time used to perform duties formerly assigned to Crew Dispatchers at Wilkes-Barre, Pennsylvania, effective January 1, 1947, and until adjusted. (Docket E-399)
EMPLOYES' STATEMENT OF FACTS: This dispute is between the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representatives of the class or craft of employes in which the Claimant holds a position and the Pennsylvania Railroad Company -hereinafter referred to as the Brotherhood and the Carrier, respectively.
There is in effect a Rules Agreement, effective May 1, 1942, covering Clerical, Other Office, Station and Storehouse Employes, between the Carrier and the Brotherhood which the Carrier has filed with the National Mediation Board in accordance with Section 5, Third (e) of the Railway Labor Act, and which has also been filed with the National Railroad Adjustment Board. This Rules Agreement will be considered a part of this Statement of Facts. Various Rules thereof may be referred to herein from time to time without quoting in full.
The Claimant, K. C. Livingston, is regularly assigned to position of Restroom Attendant, a Group 2 position, at Wilkes-Barre, Pennsylvania, with assigned duties as follows:
Effective January 1, 1947, he was called upon, almost daily, to act in the capacity of a Crew Dispatcher, performing certain of the work of Crew Dispatcher's position, such as calling crews, making check of track, stamping waybills and interchange work.
A Crew Dispatcher's position is a Group 1 position under the Scope Rule of the Clerks' Rules Agreement, effective May 1, 1942. The Claimant, a Group 2 employe, was assigned to position of Crew Dispatcher approximately one
On the other hand, when a clerical employe is assigned to assist a higher rated position for a period of a few hours, assisting in performing certain items of work assigned to the higher rated position, the rate of the higher position is not allowed. As in the instant case, assisting a higher rated employe due to a temporary increase in the volume of work does not constitute a temporary assignment to such position.
If the contention of the Employes were correct, and the claim in this case allowed, it would mean that anyone who performs any clerical work whatsoever would receive the clerical rate of pay. The Carrier submits that this is not the intent of the applicable Agreement but is directly contrary to Rule 4-E-2, and that the Agreement does not provide that such a principle be established.
Therefore, the contention of the Employes does not lend support to the claim here involved.
It is, therefore. respectfully submitted that the claim in this case should be denied.
It is respectfully submitted that the National Railroad Adjustment Board, Third Division, is required by the Railway Labor Act to give effect to the said Agreement, which constitutes the applicable Agreements between the parties, and to decide the present dispute in accordance therewith.
The Railway Labor Act, in Section 3, First, subsection (i) confers upon the National Railroad Adjustment Board the power to hear and determine disputes growing out of "grievances or out of the interpretation or application of agreement concerning rates of pay, rules, or working conditions". The National Railroad Adjustment Board is empowered only to decide the said dispute in accordance with the agreement between the parties to it. To grant the claim of the Employes in this case would require the Board to disregard the agreement between the parties hereto and impose upon the Carrier conditions of employment and obligations with reference thereto not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take any such action.
CONCLUSION: The Carrier has established that, under the applicable Agreement, the Claimant is not entitled to the compensation which he claims.
Therefore, the Carrier respectfully submits that your Honorable Board should dismiss the claim of the Employes in this matter.
OPINION OF BOARD: The facts in this case are not in dispute and are set forth in the joint statement of agreed upon facts: The question is whether or not the claimant rest room attendant, a group 2 employe, should be compensated at the clerical rate of pay for time devoted to clerical duties even though such duties require less than four hours daily. It is admitted that claimant devotes a portion of his tour of duty to work usually performed by the crew dispatcher. The Carrier relies on Rule 4-E-2(a) providing that employes, who are temporarily assigned to higher rated positions, will receive higher rate while occupying such position and Paragraph (b) of the rule providing that a temporary assignment contemplates the fulfillment of all the duties and assumption of all the responsibilities of such position. The Carrier maintains that the Agreement makes no provision for the higher rate if employe is performing a single item of work which is part of the duties assigned to a higher rated position. There is no claim here for reclassification of claimant's position.
This case rests clearly on the question of whether the claimant was assigned work of the Crew Dispatcher, or whether he was merely assisting 4669-12 644
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