STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that-
EMPLOYES' STATEMENT OF FACTS: Mr. Andrews holds position designated as Field Editor Magazine No. 20 and is assigned to work Monday through Friday. His headquarters are Houston, Texas.
Mr. Andrews' duties require that he prepare various photographs and articles for Carrier's monthly magazine; attend meetings of employes; attend public meetings and gatherings in the interest of the Carrier; supervise company billboards construction and maintenance; assist with picnics and booster meetings and parades.
On July 23, 1955, August 13, 1955 and August 20, 1955 Carrier officers and employes used to supervise Booster picnics.
On September 2, 1955 Mr. W. L. Andrews, Field Editor, filed claim with Mr. E. C. Sheffield, General Manager, account parties not under the Clerks'
The Board's attention is directed to the fact that this letter agreement provides for paying claimant, over and above his regular compensation, $35.00 a month to "develop, print and do other work in connection with pictures on instructions of management, we to furnish the supplies and materials."
It is clear from this letter agreement that claimant did not have the exclusive right to take all pictures at all booster activities. The taking of pictures by claimant was confined to such pictures as he was instructed by the management to take. Claimant was not instructed by Management to take any pictures on the four dates in question.
As a matter of fact, we have no record of any pictures being taken on the four dates here involved. However, if there were any taken it was done by the Booster Clubs and any expense therefore was included in the appropriation allotted for such meetings. In connection with these claims we are reproducing next below letter addressed to Chief Personnel Officer T. Short by General Manager E. C. Sheffield under date of January 19, 1956, which is self-explanatory:
As we have pointed out in Carrier's Statement of Facts, claimant's duties as Field Editor pertained primarily to the Missouri Pacific Magazine and to advertising. In addition thereto he attended such Booster Meetings as instructed by the General Manager. In other words, he was not required to nor did he attend all Booster activities, either for the purpose of taking pictures or to perform other duties.
Therefore, in view of the fact that claimant was not instructed to and accordingly did not attend the meetings on the four dates in question there can be no basis for the claims here presented, and such claims should be denied.
The substance of matters contained herein has been the subject of discussion in conference and/or correspondence between the parties.
OPINION OF BOARD: The pertinent facts are not in dispute. The Employes' Statement of Facts says: 9585-s 694
There is no claim that his work included supervising of booster picnics, or that he had exclusive rights to take or prepare pictures on the property or to attend meetings or assist with booster picnics.
But the objections are that on one holiday occasion someone else took pictures, and that on three other occasions Carrier officers and employes supervised booster picnics.
The record does not show that any work exclusively belonging to Claimant was farmed out, removed from his assignment, or assigned to unauthorized persons.
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