NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Lloyd H. Bailer, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
WABASH RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) Carrier violated the Schedule for Clerks when on or
about Monday, July 5, 1954 Carrier discontinued a seven day
clerical position of Local Storekeeper and a seven day position of
Crew Caller located at the Roundhouse, Hannibal, Missouri, and
transferred duties associated with the calling of engine crews to
employes at Outer Depot, Hannibal Yards, classified as Yard Clerks.
(2) Positions of Local Storekeeper and train and engine
Crew Caller be re-established by bulletin notice with their respective established rates of pay and duties conforming to such assignments and which were previously assigned.
(3) All clerical employes designated as Yard Clerks and employed as such in the Hannibal Yard for which claims have been
presented and are a matter of record subsequent to July 5, 1954,
be compensated for eight (8) hours at Crew Caller's rate of pay on
each date required to perform duties associated with the calling of
engine crews; such allowances in addition to the established daily
rate received for their assignment as Yard Clerk. Initial claims
presented to Mr. F. A. Johnson, Assistant General Manager, are set
forth in our letters of August 24, September 14 and 18, 1954 to
Mr. F. A. Johnson and are being incorporated in the Position of
Employes.
EMPLOYES' STATEMENT OF FACTS:
On or about July 5, 1954,
Carrier discontinued a seven (7) day clerical position of Local Storekeeper
and a seven (7) day Crew Caller position located at Roundhouse, Hannibal,
Missouri, and transferred duties associated with the calling of engine crews
to employes holding assignments as Yard Clerics at Outer Depot, Hannibal
Yard.
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In conclusion, the Carrier has shown that:
1. The abolishment of the positions of Local Storekeeper and
Crew Caller at Hannibal was fully justified by the decline in the
amount of work to be performed at that point.
2. The work being performed by the cecupants of the positions
of Local Storekeeper and Engine Crew Caller, which were abolished, was properly redistributed to other employes at that point in
a manner that was not in conflict with any rules of the schedule for
Clerks.
As to Employes' Claim (2), the re-establishment of the positions of Local
Storekeeper and Engine Crew Caller at Hannibal is not warranted.
As to Employes' Claim (8), this is a claim for yard clerks for eight (8)
hours at the crew caller's rate, in addition to the eight (8) hours they were
paid at the yard clerk's rate, account being required to call engine crews.
The Carrier has shown that the calling of engine crews is not exclusively the
work of any seniority class of employes or, for that matter, is not given exclusively to employes covered by the Schedule for Clerks. That fact has been
recognized all over the railroad for many years and is substantiated by the
practice which has been followed at Hannibal for many years.
The Carrier affirmatively states that the substance of all matters referred
to herein has been made the subject, of correspondence or discussion in
conference between the representatives of the parties hereto.
The claim is without basis and should be denied in its entirety.
(Exhibits not reproduced.)
OPINION OF BOARD: On June 26, 1954, the Organization's General
Chairman filed a claim protesting the abolishment of position Number 4-A,
Caller, at Hannibal, Missouri and the transfer of calling duties to Yard
Clerks. Carrier's initial denial of the claim was made on July 12, 1954.
This claim was further progressed on the property and was denied by
Carrier's highest designated officer on October 4, 1954. In the meantime,
on August 24, 1954 the Organization filed a claim requesting that certain
Yard Clerks be granted an additional day's pay at Caller's rate. The Carrier's
highest designated officer gave final dental to this claim on January 18, 1955.
The claim as appealed to the Board by the Organization deals both with
the abolishment of the Caller's position and the request for additional pay
for certain Yard Clerks. Thus if we consider these two aspects as a single
claim, as the Organization does, then final denial of the claim was given by
the Carrier on January 18, 1955. The claim as presented to this Board also
deals with the discontinuance of the Local Storekeeper position at Hannibal,
but we note that the claim as progressed on the property contained no reference to this position.
The Organization's notice of intent to file the subject claim with the
Board is dated November 28, 1955, which is over ten months after Carrier's
final denial on the property, Thus the nine-month time limit applicable to
this claim under Article V of the Chicago Agreement of August 21, 1954
was exceeded. It follows that this claim is barred. The Board is therefore
without authority to consider the merits thereof,
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30
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of heating 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 claim is barred.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 17th day of April, 1969.