PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


THE CHESAPEAKE AND OHIO RAILWAY COMPANY

(Chesapeake District)


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:




EMPLOYES' STATEMENT OF FACTS: On November 16, 1936, an Agreement, indentified as No. 6, which had been duly negotiated through conference between representatives of the respective parties, became effective,. containing the following rule:





During the early part of 1944, the Employes served notice on the Carrier for a revision of Agreement No. 6, and on November 21, 1944, signed what was identified as Agreement No. 7, which became effective January 1, 1945, containing Rule 57, Section (a) thereof reading:


"RULE 57-MACHINES, EQUIPMENT AND SUPPLIES FURNISHED



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No further answer was made on the part of the clerical employes until on October 28, 1947, the General Chairman, who had by then returned, declined to agree to the proposed arrangements. The red caps were not uniformed, and the proposed 5c per hour increase was not placed in effect. It will be seen that the situation here was in a sense similar to that at Ashlanda new requirement or obligation on the employes was being considered. In the instant case, however, as previously pointed out in this Brief, the employes have always provided teir own uniforms as a part of their employment obligation, and the discussion in 1947 with regard to uniforms for red caps should in no wise have any bearing on the intentions of the parties when agreeing to Rule 57 in 1944.


In concluding, the Carrier calls attention again to the evidence that the parties did not agree in the 1944 negotiations leading to adoption of Rule 57 that uniforms were embraced therein. There is, therefore, no proper grounds upon which to adopt the urging of the Employes that Rule 57 should be held as requiring the Carrier to provide at its expense the uniforms worn by the four classifications enumerated in this case. The Board should find, on the other hand, that the evidence is to the effect that the parties did not cover uniforms in negotiating Rule 57 in 1944, and that such matter is subject to proper negotiation through the channels prescribed by the Railway Labor Act.


Data contained in this Brief have been discussed in conference or by correspondence with the Employe Representatives.




OPINION OF BOARD: The Claim herein is that the Carrier is required by the applicable Agreement to pay for uniforms and caps required to be worn by Stationmasters, Assistant Stationmasters, Stationmasters Clerk and Gatemen at the Main Street Station, Richmond, Virginia. The claim is controlled by Rule 57 of the January 1, 1945 Agreement, which provides:






The Employes seem to rely primarily upon the word "equipment" in Paragraph (a) of Rule 57. The Carrier, on the other hand, answers that the word

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"equipment" was not used for the purpose or intended by the parties to have the effect of requiring the Carrier to pay the cost and maintenance of uniforms and caps. The Carrier contends that Paragraph (a) refers to typewriters, adding machines, and similar office equipment and supplies customarily used by clerical employes in the conduct of their work. The Carrier further contends that had the words "equipment or supplies" been intended as an all-inclusive term, there would have been no need to provide in Paragraph (b) of the Rule that required vehicles or transportation "will be furnished and maintained by the Company without expense to the employes." That this latter contention is reasonable seems self-evident. Moreover, the Carrier's view regarding the limited scope of the term "equipment" finds strong support in the basic rule of contract interpretations that where an enumeration of specific things is followed by a general word or phrase, the general word or phrase is to be held to embrace only things of the same kind or species as those specifically identified.


The Carrier's position also receives strong support from past practice. The Record amply reveals that for many years prior to January 1, 1945, wehn Rule 57 became effective in its present form, employes at Main Street Station occupying the positions involved in this case purchased (paid for) and maintained uniforms and caps, of the type and to the extent that such were required, while the Carrier furnished only badge and buttons. But of even much greater significance is the fact that for several years after Rule 57 was adopted in its present form these employes continued to purchase and maintain such uniforms and caps without any assertion or protest that purchase and maintenance of these items was the responsibility of the Carrier. This fact considered, it seems highly unlikely that as of January 1, 1945, the Employes understood and intended the newly reworded Rule 57 to have such broad effect as to require the Carrier to purchase and maintain uniforms and caps.


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









ATTEST: (Sgd.) A. Ivan Tummon
Secretary