NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
LeRoy A. Rader, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE BALTIMORE AND OHIO RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(a) Carrier violated Rule 1(c)1 and other Rules of the Clerks'
Agreement at Lima, Ohio, Passenger Station when effective with
September 23, 1949, Ticket Clerk Position No. 79-1-529 was
abolished, and the work attached to same was rearranged in such a
fashion tat the remaining work was partly assigned to other clerical
employes and the Ticket Agent, and
(b) That Ticket Clerks R. W. Thompson, H Kaufman, and
V. W. Derryberry, Lima, Ohio, be reimbursed for the difference between time paid as a Call and at pro rata rate day to cover all days
they received a Call, and
(c) That R. W. Thompson, former incumbent of Ticket
Clerk Position No. 79-1-529 and all other employes similarly affected
be reimbursed to cover wages lost.
EMPLOYES' STATEMENT OF FACTS: Prior to September 23, 1949,
the force employed at the Passenger Station at Lima, Ohio, consisted of the
following:
ASSIGNED REST
ASSIGNED
POSITION NUMBER HOURS DAYS TO
Ticket Agent Telegrapher 7:OOA to 4:OOP Sat-Sun. J. Ward
Ticket Clerk 79-1-529 9:OOA to 6:OOP Sat-Sun. R. W. Thompson
Ticket Clerk 79-1-531 9:OOP to 6:OOA Tues-Wed. H. Kaufman
Baggage Checkman 79-2-533 9:OOP to 6:OOA Sat-Sun. C. A. Nungester
Baggage Checkman 79-2-534 9:30A to 6:30P Sat-Sun. T. G. Thornburu
Mail Trucker 9:30A to 6:30P Sun-Mon. C. J. Sthrol
Trucker 6:45P to 3:45A Tues-Wed. E. C. Heinmaa
Trucker 11:OOP to S:OOA Mon-Tues. R. S. Stover
Trucker 9:OOP to 6:OOA Wed-Thurs. Ed. Mitchell
Trucker 9:OOP to 6:OOA Sun-Mon. J. E. Sterling
Relief Clerk 79-1-532 Various Thurs-Fri. V. W. Derryberry
Sat-Sun. -Ticket Clerk 79-1-529
Monday -Mail Trucker 9:30A to 6:30P
Tues-Wed. -Ticket Clerk 79-1-531
f1l
7286-19
19
(5) The principle of "ebb and flow" is expressly implied in
the working contract.
(6) There is substantial evidence that both parties are in
agreement as to the application of this principle under the operation of the working contract.
(7) The propriety of giving clerical employes a three-hour call
is implicit in the working rules.
Based on all that has been said hereinabove, the Carrier submits the
claim made here at Parts (a) and (b) and (c) is completely without merit.
The Carrier respectfully requests this Division to find this claim as being without merit and to deny it accordingly.
In accordance with the requirements contained in this Division's Circular
1 issued October 10, 1934, the Carrier submits that all data in support of the
Carriers position in this case has been presented to, or is known by, the other
party to this dispute.
(Exhibits not reproduced.)
OPINION OF BOARD: The claim here presented is the same situation
on an interpretation of the same rules of the same Agreement between these
parties as considered in Award 7285.
However, from this record the use of the Call Rule 8 in the Agreement
as applied to (b) of the claim is not clear and we are of the opinion that
this part of the claim should be remanded for further consideration on the
property.
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
Carrier violated the Agreement as the Claims (a) and (c). Claim (b) to
be remanded.
AWARD
Claims
(a)
and (c) sustained. Claim (b) remanded in accordance with
Opinion and Finding.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 26th day of March, 1956.