NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
RAILWAY EXPRESS AGENCY, INC.
STATEMENT OF CLAIM:
Claim of the District Committee of the
Brotherhood that
(a) The Agreement governing hours of service and working
conditions between Railway Express Agency, Inc. and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes, effective eptember 1, 1949 was
violated at the San Antonio, Texas, Agency April 21, 1950, when
the position of Depot Foreman was allegedly abolished and the work
assigned to other employes;
(b) The Carrier shall establish a rate of $266 00, basic per
month, for Position 31, Group 27, at the San Antonio Agency
effective April 21, 1950; and
(c) Clerk J. N. Anderson shall now be compensated for wage
loss sustained as a result of Carrier's action, retroactive to and including April 21, 1950.
EMPLOYES' STATEMENT OF FACTS:
Prior to April 21, 1950 E. E.
Thornton, with a seniority date of January 16 1920, was the regular occupant
of position titled Depot Foreman, Group 2, Position 63; hours of assignment
9:00 A. M. to 6:00 P. M. Monday through Friday, (exclusive of meal period)
and 9:00 A. M. to 1:00 P. M. on Saturday; day of rest Sunday; salary $266.00
basic per month. The duties required of the occupant of this position as indicated on Bulletin No. 10, dated February 14, 1949, were:
"Supervise terminal, pickup and deliver routes, receive and dispatch calls, revise charges, write 510's check drivers, carry overs,
strip and ill inbound express, receipt for and assist in handling
outbound traffic.
"NOTE: Applicants must have adequate knowledge of the
Company's tariffs and current classification, and the ability to
compute and correctly assess charges as provided therein on abstract
advices and delivery sheets. Tests will be given from time to time
[9261
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OPINION OF BOARD:
On this record Claimant has failed to show by
sufficient evidence that the duties he assumed were additional duties of a
supervisory nature. Likewise, the record reveals a considerable delay in progressing the claim to this Board. In view of the numerous awards of this
Division on both of these questions we deem Petitioner's claims should be
denied.
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
That the Carrier did not violate the Agreement.
AWARD
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 7th day of June, 1956.