BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1, 1942, except as amended, particularly Rule 4-F-1, when it established three positions of Record Clerk in the Reservation Bureau, New York, N. Y., former New York Division, at the rate of $348.48 a month, to perform clerical duties that had formerly been performed by the incumbents of four abolished positions of Announcer, rate of pay $358.75 a month.
(b) The Claimants, D. McCaskie, R. D. Pratt and R. A. King, should each be allowed the difference in pay between the amount they were paid, and the amount they should have been paid, as a penalty, commencing December 1, 1954, and continuing until the violation is corrected.
EMPLOYES' STATEMENT OF FACTS: This dispute is between the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representative of the class or craft of employes in which the Claimants in this case held positions and the Pennsylvania Railroad Company-hereinafter referred to as the Brotherhood and the Carrier, respectively.
There is in effect a Rules Agreement, effective May 1, 1942, except as amended, covering Clerical, Other Office, Station and Storehouse Employes between the Carrier and this Brotherhood which the Carrier has filed with the National Mediation Board in accordance with Section 5, Third (e), of the Railway Labor Act, and also with the National Railroad Adjustment Board. This Rules Agreement will be considered a part of this Statement of Facts. Various Rules thereof may be referred to herein from time to time quoting in full.
The Claimants in this case, D. McCaskie, R. D. Pratt and R. A. King, have seniority dates on the seniority roster of the Passenger Sales and Service Bureau, Pennsylvania Station, New York, N.Y., New York Region, in Group 1, which includes the former Reservation Bureau, Pennsylvania Station, New York, former New York Division. The New York Division is
proper trial of this matter, and the establishment of a proper record of all of the same.
All data contained herein have been presented to the employes involved or to their duly authorized representatives.
OPINION OF BOARD: On March 12, 1954 the Carrier abolished the position of Announcer. This was done because the Carrier abolished the use of certain equipment whereby the Claimants herein had been making electronic tapes which were used then to give the record clerks notice of the availability of space on certain trains. The duties assigned to said position read as follows:
On November 23, 1954, the Carrier advertised 3 positions of record clerk. The duties were detailed as follows:
As the result of the establishment of the said record clerks' positions above, the Organization filed a claim that the Carrier was in violation of Rule 4-I'-1 which provides:
The issue here is basically a fact issue. There is no advantage in setting out in detail why an analysis of the facts lead us to the conclusion that the duties of the record clerk do not cover relatively (emphasis ours) the same class of work. It is our judgment that the work of the announcer was sufficiently dissimilar in that the announcers had to have certain voice qualifications, and other technical skills in order to fill these positions, which are different from the record clerks. This being so, there was, in fact, no violation of the Agreement. 10032--17 811