Award No. 8220 Docket No. CL-7673

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Howard A. Johnson, Referee

THE PENNSYLVANIA RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) The Carrier violated the Rules Agreement, effective May 1, 1942, except as amended, particularly the Scope, by permitting and requiring Yard Brakemen, not covered by the Clerks Rules Agreement, to perform clerical work at Yard B, Columbus, Ohio, Columbus Division, on first, second and third tricks.

(b) Extra Clerk, J. E. Miller, and other clerks to be named, each to be allowed eight hours' pay as a penalty for October 16, 1952, and all subsequent dates until the violation is corrected.

OPINION OF BOARD: The Joint Statement of Agreed-Upon-Facts states:

"For many years prior to October 16, 1952, the starting date of this claim, a Yard Trainman has been regularly assigned to, and carried on the timeslip of the Yard `B' Westbound Hump Crew, Columbus, Ohio, on the 1st, 2nd and 3rd tricks, and has been referred to by various titles such as `List Man', `Pump Handle' or `Cabin Man', such employes being used to perform the following duties:"

Then follow three paragraphs setting forth the many duties so performed by Yard Trainmen.

The fact that for many years the work in question has been performed by Yard Trainmen, demonstrates that the Brotherhood of Railroad Trainmen is involved in this dispute, and therefore is entitled to notice of hearing, pursuant to Section 3, First (j) of the Railway Labor Act.

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;

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