CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: Employe F. B. Griller, with clerical seniority date of January 20, 1927 and non-clerical date of January 16, 1946, is the regular occupant of Position 594, Bill and Rate Clerk, at Sioux City, Iowa. His assigned hours are from 11 :00 A. M. to 7:00 P. M. with one hour for lunch; Monday through Friday; rest days of Saturday and Sunday; rate of pay $14.896 per day.
In addition to other duties, the rating and billing of carload meat is one of the principal duties assigned to Position 594 at Sioux City by bulletin (see Employes' Exhibit "A") and is performed by employe Griller, regular occupant of that position, Monday through Friday.
On Sunday, May 1st and Sunday June 5, 1955 the work of rating and billing carloads of meat, which work is regularly performed by employe Griller Monday through Friday, was assigned to and performed by a yard clerk at the East Yards who was assigned to work on Sundays. As shown by Employee' Exhibit "B" attached the work of rating and billing is not a duty regularly assigned by bulletin to positions of yard clerks.
Timeslips were filed by employe Griller with the Superintendent and were subsequently declined by him. The claim was appealed to and was declined by
Yard clerks customarily and regularly perform the work of making memo bills. This is true of the yard clerks at Sioux City. The yard clerk in preparing the memo bill did not absorb any work of the rate clerk position, as the rate clerk on the following Monday morning performed all work in connection with each car that he would normally perform in connection with rating and waybilling each car.
During the handling on the property the employes have cited no rule in support of the claim. In fact, in the opinion of the Carrier there is no provision upon which such a claim can be properly based. Claimant Griller was denied no work to which he was entitled and which he normally performs. The yard clerks and rate clerk are in the same seniority district.
This claim in behalf of rate clerk Griller for payment of work which he actually performed is not supported by schedule rule and the Carrier respectfully requests that same be denied.
OPINION OF BOARD: Claimant F. B. Griller was the regular occupant of Bill and Rate Clerk Position No. 594, Sioux City, Stock Yards, Iowa, which was a Monday through Friday assignment. There were two other clerks positions at the same station. These were Yard Clerks, with Position No. 30, assigned from 3:30 P. M. to 11:30 P. M., seven days per week and Position No. 45 assigned from 11:59 P. M. to 8:59 A. M., seven days per week. All three of these positions were in the same clerical seniority district.
On Sunday, May 1 1955, the Yard Clerk on duty prepared memo or slip waybills for five cars which were to be moved from the stockyards on outbound trains. This required some twenty minutes of the Yard Clerk's time. On the following morning, May 2, Claimant Griller rated the shipments, prepared the revenue waybills for each of the five cars and mailed them. Again on June 5, 1955 the Yard Clerk on duty spent approximately 10 minutes preparing slip waybills for three cars. Mr. Griller, the Claimant, again prepared the regular revenue waybills and mailed them on the following Monday. This he admits.
However, he has filed the present claim contending that Carrier violated Rule 28.
This claim was denied by the Carrier on the ground that the Yard Clerks have always prepared memo or slip waybills on its property; and that Claimant has performed that part of the work in connection with these shipments in May and June 1955 which he would otherwise have done. Consequently the yard clerks performed no work that is exclusively assigned to Claimant Griller on his Monday to Friday assignment. That part of the work which is more regularly handled by him was admittedly left for him to perform during his regularly assigned hours on Monday. 9773-s 303