BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD
COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated and continues to violate the Clerks' Agreement:
(1) By improperly allocating the checking and handling of freight from freight cars spotted at Ferry Street Yard, Hoboken, N. J., to outside truckmen not covered by the Agreement terms, and
(2) The Carrier shall be required to properly assign the work involved, to employes covered by the scope of the Clerks' Agreement, and
(3) That the Carrier shall now be required to reimburse all or any employes who are now and who may have been adversely affected, for all monetary losses sustained as a result thereof, retroactive to June 18, 1951, and up until the date this violation is correcte.
EMPLOYES' STATEMENT OF FACTS: The Carrier maintains a freight station at Jersey City, N. J., identified as Hoboken City Freight Station, which deals in the handling of inbound and outbound freight shipments. The instant dispute centers around the manner in which freight arriving in carload lots at Hoboken, N. J., is handled insofar as delivery to various consignees in the New York City area is concerned, via semi-trailer service.
The relevant forces maintained at the Hoboken City Freight Station, fully covered by the scope and operation of the Clerks' Agreement, consist of the following:
Nothing in the agreement forbids the trucking arrangement out of which this case arose nor prevents the Carrier from honoring the traditional prerogative of carload shippers and consignees to say how their shipments shall be loaded or unloaded if they so desire. (Compare Third Division Award 6066 and First Division Awards 6317, 11791, 11792).
All data in connection with the above case have been handled with employes on the property.
OPINION OF BOARD: The claim here concerns the alleged removal of work from the effective Agreement by the Respondent when freight was handled by a trucking company at Ferry Street Yard, Hoboken, N. J. Request is made that this work be restored to the scope of the effective Agreement and that all employes adversely affected be made whole for all wage loss sustained. The Respondent contends that the circumstances surrounding the manner of handling the freight in question do not constitute either removal of work from the scope of the effective Agreement or the performance thereof contrary to the terms of said Agreement.
The issue here is the same as that presented in Award 7199, decided this date. We held in that case that the Petitioners failed to sustain the burden of proving a violation. The evidence here presented is substantially the same as that presented in Award 7199 and, for the reasons set forth in that Award, requires a similar finding.
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
That for the reasons set out in the Opinion, the facts of record do not warrant an affirmative award.