NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
UNION PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes that:
(a) The Carrier violated the Clerks' Agreement at Pendleton, Oregon on
February 19th, 20th, 21st and 26th, 1946 by requiring telegrapher, an employe
not covered by the Clerks' Agreement, to receive, deliver and make collections
on baggage and cream shipments.
(b) Claim that Clerk Fred F. Hess should be paid 3'h hour call on February 19th, 3 hour call on February 20th, 3 hour call on February 21st, and 3
hour call on February 26th, and Leon Ruck one hour at punitive rate from
7 a.m. to 8 a.m. on February 20th.
EMPLOYES' STATEMENT OF FACTS: Prior to February 19, 1946 the
Station Force at Pendleton, Oregon was as follows:
Freight
Office (Bof`RC)
1 Chief Clerk 8 a.m. to 12 n. 1 p.m. to b p.m.
1 Cashier 7 a.m. to 11 a.m. 12 n. to 4 p.m.
1 Revision Clerk 7 a.m. to 11 a.m. 12 n. to 4 p.m.
1 Bill Clerk 9 a.m. to 1 p.m. 2 p.m. to 6 p.m.
1 Bill Clerk-Foreman 8 a.m. to 12 n. 1 p.m. to 6
p.m.
Baggage Room (BofRC)
1 Baggage Clerk 7 a.m, to 11 a.m. 12 n. to 4 p.m.
1 " 4 p.m. to 12 m.n.
1 " 11 P.M. to 7 a.m.
Ticket Office (BofRC)
1 Ticket Clerk 9 a.m. to 6 p.m.
1 " 4 p.m. to 12 m.n.
1 " " 10 p.m. to 6 a.m.
Telegraphers-(ORT)
1 Telegrapher 8 a.m. to 4 p.m.
1 4 p.m. to 12 m.n.
1 12 m.n. to 8 a.m.
(8717
4893-9
879
work incident to a position outside of a Clerks' Agreement may flow
from such position to positions under the Clerks' Agreement and then,
if it decreases, back to the position to which it is incident. See Awards
806, 1405, 1418, 2138, 2334, 3211, 3735 and 3989 of this Division."
(Emphasis supplied.)
The Board also stated:
"Ticket selling is clerical work and this Board has said that a
Telegrapher with telegraphic duties to perform may properly perform clerical work, which is incident to or in proximity of his telegraphic work, to such an extent as to fill out the telegraphic assignment.
See Awards 4288, 4355 and 4477 of this Division. As stated in Award
4477:
`When the work of clerks exceeds that which the telegrapher can perform and it becomes necessary to increase forces,
the excess clerical work belongs to clerks and must be assigned to them. If the work recedes to the point where the
telegraphers can perform it all, it is the clerks and not the
telegraphers which must be cut off when telegraphic work
remains to be performed."'
The claim presented is without merit and should be denied.
The Carrier reserves the right, if and when it is furnished with the submission which may have been or will be filed ex parte by the Organization in
this case, to make such further answer as may be necessary in relation to all
allegations and claims as may be advanced by the Organization in such submission, which cannot be forecast by the Carrier at this time and have not
been answered in this, the Carrier's initial submission.
(Exhibits not reproduced.)
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, 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 employe involved in this dispute are respectively
carrier and employe 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 action of the carrier will not be disturbed.
AWARD
Claim (a and b) denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: A. I. Tummon
Acting Secretary
Dated at Chicago, Illinois, this 26th day of June, 1950.