NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Hubert Wyckoff-Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
KANSAS CITY TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated the Agreement between the parties on
the following dates (all being Saturdays) with respect to the performance of work of Messenger, Freight Department:
(1) February 10, 1951, when it required R. D. Morgan, JanitorCaller, to perform certain messenger work, instead of calling
the regular Messenger;
(2)
February 17,
24
and March 3, 1951, when it required, directed
or permitted F. P. Swenton to perform certain messenger work
instead of calling the senior qualified available employe on that
date having seniority as a Messenger;
(3) March 10 and 17, 1951, when G. W. Turner, Freight Agent,
performed certain messenger work instead of calling the regular Messenger and;
(b) The Carrier pay the employes who should have been called
to perform the work of Messenger on the above dates as follows:
(1) February 10, 1951, F. P. Swenton, regular incumbent of Messenger position, one day at Messenger rate of
$10.668
per day;
(2)
February 17,
24
and March 3, 1951, Dewey Gentry senior qualified available employe holding Class
2
seniority, three days at
the rate of Gentry's position
$12.426
per day; and
(3) March 10 and 17,
1951, T. V.
Brown, regular incumbent of
Messenger position, two days at Messenger rate of
$10.668
per
day.
EMPLOYES' STATEMENT OF FACTS:
The facts in the background
of this case are associated with Award
5195,
Docket
CL-5160,
which see. One
of the claims of the Committee in that case was that the Carrier violated the
agreement when, subsequent to the effectuation of the Forty-Hour-Week Sep-
[1091
7022-8
116
period, shall be allowed a minimum of three (3) hours for two (2)
hours of work or less and if held on duty in excess of two (2) hours,
time and one-half will be allowed on the minute basis.
Employes notified or called to perform work on rest days and
holidays shall be paid a minimum of eight (8) hours at time and
one half."
"RULE 40
ABSORBING OVERTIME
Employes will not be required to suspend work during the
regular hours to absorb overtime."
These rules do not have application in claim herein progressed by the
employes. Further, this is not an abolishment of a position and distribution
of the remainder f the work to other positions or the requirement of the
performance of a major part of the work previously done on Saturdays, nor
is it recurring work that arises with substantial regularity. There will be no
showing of subsequent claims arising after the last date filed for in the
instant claim.
Claims (b) and (b) should be denied.
All of the above has been handled with the Organization either in conference or in correspondence.
(Exhibits not reproduced.)
OPINION OF BOARD:
The Carrier has tendered no defense on the
merits at any stage of the progress of these claims.
The argument is that the violations of the Agreement are trivial and
insignificant. We tread on dangerous ground if we remit penalties based
upon our notions of triviality or insignificance (see Award 1611) particularly
where, as here, the violations occurred on the heels of Award 5195.
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
The Agreement was violated.
AWARD
Claims sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 24th day of June, 1955.