NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the terms of the parties' Agreement effective January 1, 1946, by permitting outsiders, i. e.,
Agents, Telegraph Operators, Maintenance of Way Department
laborers, and employes of the Frisco Transportation Company to
usurp the work normally attached to workers of the class and
craft embraced within the scope of said agreement at Okmulgee,
Oklahoma.
(2) H. L. Conkin, Clerk, Okmulgee, be additionally paid
one call (two hours), unless otherwise specified, at overtime
rate on the following dates, account employes of the Frisco Transportation Company loading and unloading their cargo outside the
permissible space of ten feet within the door of the warehouse:
Data of Claims
1958
Mar. Apr. May. June July Aug. Sept. Oct. Nov. Jan.
17 1 1 5 3 5(2) 2(2) 1(2) 4 28
18 2 2 6 7 6(2) 3 2 5
19 4 6 12 8 7 4 3(2) 6
20 8 7 13 9 8 5 4 8
21 9 8 14 10 9 8 6 15
24 10 13 16 12 12 9(2) 7(2)
25 11 14 17 13 10(2) 8
26 12 15(2) 18(2) 14(2) 11 9
27 14 16 19 15 12(2) 10
31 15 19 20 18(2) 15(2) 11
16 20 21 20 16 13
17 21 22 21(2) 17 14
18 22 24 22 18(2) 15
21 23 27 26 20 17
[6041
9114-2
605
1958
Mar. Apr. May. June July Aug. Sept. Oct. Nov. Jan.
22 26 28 27(2) 21(2) 18
23 28 29 29 22 21
29 26 23
30 27(2) 24
29 25
27
28
30
31
(3) H. L. Conkin, Clerk, Okmulgee, be additionally paid one
call (two hours), unless otherwise specified, at overtime rate on the
following dates, account the Day Telegraph Operator working in the
warehouse during the afternoons loading and unloading trucks after
the claimant was off duty:
1958 1959
Oct. Nov. Dec. Jan. Feb.
15 3 1 5 2
16 4 2 6 3
17 5 3 7 4
21 4 8 6
22 6 4 8 5
23 10 9 16
24 12 10 16
27 13 15 20
28 14 16 21
29 17 17 22
30 18 18 23
31 21 19 26
24 22 27
25 23 28
26 24 29
28 26 30
31
(4) H. L. Conkin, Clerk, Okmulgee, be additionally paid one
call (two hours) unless otherwise specified, at overtime rate, account
Night Telegraph Operator working in the warehouse unloading FTC
trailer at certain specified times prior to and subsequent to time
claimant goes on duty at 3:00 A. M. Claim one call, unless otherwise
specified, on following dates:
1958 1959
Nov. Dec. Jan. Feb.
25 5(1') 6(1') 3
9 7 4
10(2'30") 8 5
12 9 6
16 14
18 15
19 16
23(45") 23
24 27(30")
30(1') 28(45")
30
9114-3
606
(5) H. L. Conkin, Clerk, Okmulgee, be additionally paid account General Agent Wallace and the Telegraph Operators loading
and unloading freight (glass)
Date Time Claimed
10-20-58 1 hour overtime
10-23-58 1 hour overtime
11-07-58 ' 2 hours overtime
12-29-58 2 hours overtime
1-19-59 1 hour overtime
(6) H. L. Conkin, Clerk, Okmulgee, be additionally paid one
call (three hours' pay), account Telegraph Operator checking cars
in train yard between 1:00 A. M. and 1:48 A. M., August 9, 1958,
that were to move out on an extra.
(7) H. L. Conkin, Clerk, Okmulgee, be additionally paid
one hour at overtime rate, account Section Laborer cleaning up
(sweeping) warehouse during the afternoon of November 13, 1958.
(8) H. L. Conkin, Clerk, Okmulgee, be additionally paid
one call (three hours' pay) account Agent handling loading of a
car of cattle on August 11, 1958.
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 carrier and 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;
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by the complainant party; and
That hearing thereon has been held and concluded. Under date of
November 16, 1959, the parties jointly advised the Secretary of the Third
Division of their desire to withdraw this case from further consideration
by the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 7th day of December, 1959.