NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE:

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 that the Seaboard Air Line Railroad Company and/or its Officers violated the Rules of the existing Agreement


(a) When on Saturday, March 10, 1951, an employe namely, Clerk K. C. May, kas used and did perform work assigned to and normally performed by Clerk O'Neal during his regular Monday-Friday assignment.


EMPLOYES' STATEMENT OF FACTS: The employes involved in this claim were employed at Carrier's storehouse located in Jacksonville, Florida, during the month of March 1951. All three were assigned a work week of Monday thru Friday with Saturday and Sunday as rest days and their assigned hours were 7:00 A. M. to 3:30 P. M. with a thirty minute lunch period

from 12:00 M. to 12:30 P. M. The following are the employes involved.
 Name Position Title Daily Rate of Pay Seniority Date
J. M. Millen, Jr. Store Foreman $13.87 4-18-25
 M. A. O'Neal Stockman-Clerk $13.87 8- 7-44
 K. C. May Stockman $13.45 8-12-46

 Stockman-Clerk M. A. O'Neal will be hereinafter referred to as Claimant.
 On Friday, March 9, 1951, the Storekeeper Mr. H. F. Perrltt authorized
 Store Foreman Milian to work on Saturday, March 10, one of his assigned
 rest days. The Store Foreman is responsible for the unloading of materials
 destined to the storehouse and supervises a large gang of laborers who per
 form the actual unloading. The Stockmen assume no resposibility for the
 material until it is unloaded, after which the Stockmen check the material
 and store it in bins or on shelves at, or in the storehouse. The only exception
 to the foregoing is that wheels and axles because of their weight and volume
 and to avoid duplicate handling and lost motion, are unloaded and piled at
 the location where stored. The force , vhich unloads and stores these wheels
 and axtls is a regular crew of approximately 16 laborers, assigned to Claim
 L8577
 7977-10 866

OPINION OF BOARD: It is undisputed that the Store Foreman as well as the claimant could properly supervise the unloading of axles by the labor gang. Since K. C. May was filling the position of and working as Store Foreman on March 10, 1951 he possesed all of the authority and responsibility of that position, so it was perfectly proper for him to supervise the unloading of two cars of axles on that day.


Ther is some contention by the Organization that claimant should have been used instead of May to fill the Store Foreman position but that issue was not raised in the handling on the property nor by the claim filed here so we decline to discuss it.


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 not violated.

    Claim denied.


                NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


ATTEST: (Sgd.) A. Ivan Tummon
 Secretary

 Dated at Chicago, Illinois, this 29th day of July, 1955.