BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes on the Missouri Pacific Railroad, that the Carrier violated the Clerks' Agreement:
EMPLOYES' STATEMENT OF FACTS: Prior to about August 15, 1949, the Carrier maintained at its Wichita, Kansas Passenger Station, a station force consisting of:
On or about August 15, 1949, the Carrier abolished one of the Ticket Clerk positions.
7329-21 587The point is, that the district passenger agent is now doing the same work he has always been doing and during the same hours he formerly did it. Not only is it true that the clerk has not in the past done the particular work here in dispute but it is also true that the clerk has never exclusively performed this type of work at Wichita, Kansas.
OPINION OF BOARD: Effective May 22, 1954 a Ticket Clerk position was abolished in order to readvertise the position to reflect a change in workP. M. to 5:00 o'clock P. M.; 6:00 o'clock P. M. to 10:00 o'clock P. M., with ing hours. Starting with May 23, 1954, the hours assigned were 1:00 o'clock Tuesday and Wednesday as off-days, where formerly the position was worked 8:00 o'clock A. M. to 4:00 o'clock P. M. Monday through Friday. Complaint mostly concerns continuing contact with the public about passenger traffic arrangements outside assigned hours of the readvertised position, and making advance ticket arrangements while a Ticket Clerk was not assigned.
For a time the Pullman diagrams were kept under lock in the Ticket Office during off-hours. Without the Pullman diagrams no accurate information could be given out about Pullman space, nor could space be assigned. The Telephone Switchboard Operator, pursuant to her instructions, told all who called for the Ticket Office or to ask for train or ticket information, that the Ticket Office was closed and to call back after 1 :00 P. M. If the one who called did not expressly ask to be put through to the Traffic Dpeartment or ask for the District Passenger Agent, all telephone contact with the public about train or ticket information, or for making Pullman reservations, was effectively cut off as a general proposition and for a time while the Ticket Office was closed.
On or about June 3, 1954 the Ticket Clerk was instructed to leave the Pullman diagrams out so they would be available during the morning hours before he came on duty. On or about July 1, 1954 the Telephone Switchboard Operator was told to put all calls for train or ticket information on the District Passenger Agent's extension. Thereupon, the District Passenger Agent was in a position to, and did, make use of the Pullman diagrams; made and entered reservations in the code book; wrote notes to the Ticket Clerk as to what tickets to make up; and entered same in the code book.
The Employes, being under the impression that work of positions covered by their contract and delegated to them to the exclusion of all others was being transferred to an excepted position under the contract, made prompt protest and have progressed time claims for alleged violations of contract.
The record does not support the protest, and, accordingly, claims are not valid.
Others than the Ticket Clerk, including one who was never under the Clerks' Agreement, customarily, and, in the past, at Wichita, did the same work as that performed by the Ticket Clerk during and outside the assigned hours of the Ticket Clerk. As the occasion demanded and circumstances warranted, the District Passenger Agent is shown to have assisted.
Moreover, it cannot seriously be disputed that those in the Traffic Department have a direct interest, as well as does the Ticket Clerk in promoting passenger traffic. As an incident thereto the District Passenger Agent must maintain public contacts for the express purpose of assisting with travel arrangements even though it involves making or assisting with Pullman reservations, giving out train or ticket information, and facilitating the issuance of tickets. 7329-22 588
It seems to have been the intent of the parties, when they contracted, that, where Traffic Department representatives, in the past, have performed what is generally termed clerical work incident to their respective positions, they may continue to do so without it being said they have violated the scope rule. See rule 1, including "Note" that applies to "Excepted Positions".
We see enough in the record about how the work has been handled in the past in the Wichita office, after taking into account the usual and normal duties of the District Passenger Agent, to support a finding that no violation of the subject Agreement has occurred in connection with abolishing a Ticket Clerk position in order to readvertise same to reflect a change in the working hours, and no reduction in force for positions under the Clerks' Agreement having resulted.
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