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 and Steamship Clerks, Freight Handlers, Express and Station Employes on the Union Pacific Railroad Company, that
EMPLOYES' STATEMENT OF FACTS: Prior to October 18, 1948 the LCL freight from Sears, Roebuck and Montgomery Ward was handled by a contract drayman who had an employe at the loading platforms of these companies for the purpose of checking and receipting for the merchandise loaded into the drayman's trucks. These trucks were then driven to the docks of the Union Pacific Freighthouse and upon arrival were unloaded and the merchandise rechecked by Union Pacific RR Check Clerks and then loaded into freight cars.
On October 18, 1948 the Motor Rentals Express Company was granted the contract for picking up and delivering LCL freight and they continued to handle this business in the same manner, that is, they placed an employe at the Sears, Roebuck and Montgomery Ward docks for the purpose of checking and receipting for merchandise. The freight was then delivered to the Union Pacific RR Freighthouse docks and was again checked by Union Pacific RR Check Clerks prior to loading into freight cars.
In March or April 1949 the Carrier eliminated the check made by the Union Pacific RR Check Clerk at the Union Pacific RR freight dock and accepted the check made by the Motor Rentals Express Company employes at the Sears, Roebuck and Montgomery Ward freight docks.
importance to the Employes as well as to the Carrier to retain business. =nee Employes by protesting claims of this type are apparently not interested in maintaining the revenue from which they derive their pay checks. It was this type of claim that was referred to in Award 2012 where it is stated:
The Carrier in this submission has shown that the claim presented by the Employes is wholly without merit. The Carrier eliminated entirely a work detail for the purpose of retaining LCL business originating at Sears, Roebuck and Montgomery Ward. This elimination resulted in no reduction in force.
In addition to the above, the Carrier has shown that based on previous decisions of this Board, there can be no basis for sustaining this claim.
The Carrier respectfully requests that the claim of the Employes be denied.
All facts presented in this submission have been made or are known to the representatives of the Clerks' Organization.
OPINION OF BOARD: On April 14, 1949 the Carrier involved in this case made certain changes in its method of checking LCL freight shipments received from Sears Roebuck & Co. and Montgomery Ward and Company at the Kansas City Freight Terminal. Prior to this date when the contract hauler arrived at the Carrier's freight platform with such shipments which had been picked up at Sears, Roebuck and Company and Montgomery Ward and Company a careful and detail check was made of the shipments by Carrier's freight house employes. These Companies protested the slow movement of their freight out of the Kansas City Terminal. Consequently Carrier made a careful study of the situation and decided that the service could be materially speeded up by eliminating this check by the freight house employes when the contract haulers arrived at the Carrier's freight 5822-11 245
platform. Therefore on April 14, 1949 the indicated change was made. According to the record no other changes were made in the shipping procedure.
The Petitioner protests this action by the Carrier as being in violation of the Scope Rule of the relevant agreement. It is claimed that the Carrier now accepts the check made on such shipments by the employes of the contract hauler, thus removing work from the agreement with the Clerks' Organization, and thereby arranging for its performance by employes who have no seniority rights under the Clerks' agreement.
In the record there is much argument with respect to whether the Carrier eliminated the checking operation in question, or whether that function was merely transferred to employes of the trucking firm who hold no seniority rights under the agreement. Despite the extensive argument on this point it seems clear from the record that the operation in question was eliminated and was not transferred. It appears that employes of the trucking firm make the same checks at the loa ing docks of Sears Roebuck and Montgomery Ward which they have always made-that these are made at the direction of the trucking firm and for its own use and protection. The record does not substantiate the claim that this check is taken over by the Carrier and made a substitute for the checks previously made by its own employes.
The record shows further that the Carrier has not reduced the number of positions at the Kansas City Freight House as a result of the elimination of the checking procedure in question.
Under the facts here involved it must be conceded that Petitioner's claim is lacking in merit. The Carrier does not appear to have violated the Scope Rule of the Agreement with the Organization. There is nothing to prevent the Carrier from assuming, if it wishes, the risks involved by eliminating the previous detail check upon LCL freight shipments received from Sears Raebuck and Montgomery Ward.
In view of the facts and circumstances here involved the claim will be denied. Awards 4388, 4100, 5331.
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