NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Thomas C. Begley, Referee
PARTIES
TO
DISPUTE:
BROTHERHOOD
OF
RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY
COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that the Carrier violated the provisions of the Clerks' Agreement:
a. When effective October 15, 1953. it nominally abolished
the clerical position of Freight Clerk at Centerville, Iowa, and removed the clerical work comprised of the regular assigned duties
of that position from under the Scope and operation of the Clerks'
Agreement and utilized the Station Agent and the Night Telegrapher,
employes of another class and craft, subject to the Agreement of
another Craft, to perform said work in violation of the Clerk's
Agreement; and
b. That the Carrier be directed by appropriate Board order
to reimburse Claimant, Extra Board Clerk J. W. Griffith, when
he was available and/or other available Extra Board Clerks assigned
to the the Division Extra Board, for wage loss suffered due to the
Carrier's action in violation of the Clerks' Agreement, until the
violation of the agreement was removed concurrent with the restoration of the Freight Clerk position at Centerville, Iowa.
EMPLOYES' STATEMENT OF FACTS: September 3, 1953, Superintendent R. W. Anderson advised the Division Chairman that the Freight Clerk
at Centerville would be abolished, as follows:
"CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO.
"Centerville, Iowa -Sept. 3, 1953
"Title of position - Freight Clerk Incumbent - H. B. Forsmann
Station - Office
Location - Centerville, Iowa - Freight Office - Monthly rate of pay - $285.37
Assigned Hours - 7:30 A to 4:30 P Week - 5 days - Date to be abolished-
t8651
9459-19
883
It is hereby affirmed that all of the foregoing is, in substance, known to
the Organization's representatives.
(Exhibits not reproduced.)
OPINION OF BOARD:
From the evidence presented by the parties
we find that at the time the freight clerk's position at Centerville, Iowa
was abolished on October 15, 1953, that the night operator, who comes under
the telegraphers agreement, had telegraphers work to perform during his
tour of duty; that twenty (20) minutes of the work of the abolished freight
clerk's position was given to the night operator; that the agent was given
ninety (90) minutes of the work of the abolished freight clerk's position;
that the agent comes under the telegraphers agreement; that proper Notice
was given to the Clerks Organization by the Carrier in conformance with
the agreement before the freight clerk's position was abolished.
Many awards of this Board have said that a telegrapher with telegraphic
duties to perform may properly perform clerical work, which is incidental
to or in proximity to his telegraphic work to such an extent as to fill out the
telegraphic assignment (Awards 4288, 4355, 4477, 4492, 4559 and 4998).
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 Employe involved in this dispute are respectively Carrier and Employe 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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois this 23rd day of June, 1960.