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 that the Carrier violated and continued to violate the rules of the Clerks' Agreement at Indianapolis, when




EMPLOYES' STATEMENT OF FACTS: At Indianapolis, Indiana, there is located a roundhouse in which locomotives are repaired and put into condition. The operation of the Roundhouse is manned by various Supervisors and employes not covered by the Clerks' Agreement. The oil and parts necessary in this repair work are purchased by the Stores Department which is supervised by a Storekeeper who is not covered by the Clerks' Agreement.


Henry N. Perry is employed at this location and is covered by all the Rules of the Clerks' Agreement. He occupies a Group 3 position designated as Material Distributor. The duties of the position from Monday to Friday consist of issuing of supplies at the oil house. On Monday through Friday employes from the Mechanical Department, who are not covered by the Clerks' Agreement, present a form, designated as Form 2311, to Material Distributor Perry who issues the supplies designated on the Form 2311 to the Mechanical or shop employe who presents same.


On Saturdays, Sundays and holidays Material Distributor Perry is not permitted to work. On these days the keys to the oil house and storehouse are turned over to the Mechanical Department for the purpose of affording any employe thereof entrance to the oil house or storehouse to obtain needed material and supplies.


Appended hereto is a list showing value of materials taken from the Storehouse at Indianapolis on Saturdays, Sundays and holidays for the period January 1, 1952 to September 7, 1952.



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In its Findings this Division held in part: "the agreement is not violated by work performed by Motive Power and Car Department employes, · · '."


The Carrier directs particular attention to that portion of the "OPINION OF BOARD" in this Award which reads:



In all, the Carrier asserts that based on established past practice on this property and based on the holdings of this Division, the conclusion necessarily and logically pursues that procuring material from storehouses is by no means work belonging exclusively or solely to employes under the Clerks' Agreement,






OPINION OF HOARD: It appears that on Saturdays, Sundays and holidays subsequent to January 1, 1952 Mechanical Department employes helped themselves to oil and parts needed in their repair work but it does not appear that anyone performed the functions or duties of the Material Distributor on those days, so the claim is without merit.


FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the 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



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ATTEST: (Sgd.) A. Ivan Tummon
Secretary

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