NATIONAL RAILROAD ADJUSTMENT BOARD
Thomas C. Begley, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
NORTHERN PACIFIC RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that the Carrier violated the provisions of the Clerks' Agreement:
(1) When it abolished the position of General Clerk at Laurel,
Montana, and concurrent therewith transferred practically all the
remaining work, which was formerly performed by the General Clerk,
to the Station Agent and the Telegraph Operator who are not covered by the Clerks' Agreement, and
(2) That Mr. E. H. Ebersviller, Cashier at Laurel, Montana,
and/or his successors, be paid eight hours at time and one-half rate
on January 14, 15, 21, 22, 28, 29 and February 4, 5, 11 and 12, 1956
and all subsequent Saturdays and Sundays until the work on such days
is returned to employes covered by the Clerk's Agreement.
EMPLOYES' STATEMENT OF FACTS: Prior to December 1, 1955, the
force at the Laurel, Montana, Freight Office was as follows:
Cashier - Monday through Friday (5-day position)
General Clerk-7-day position, Wednesday through Saturday. Hours
9:00 A.M. to 6:00 P.M. with Monday and Tuesday off.
1 Relief Clerk- Saturday and Sunday - Roundhouse, hours 8:00
A.M. to 4:00 P.M.
Monday and Tuesday - General Clerk, General
Freight, hours 9:00 A.M. to 6:00 P.M
Wednesday - Interchange Clerk, 12:00 Midnight
to 8:00 A.M. Thursday and Friday off.
Agent and Day Telegrapher plus one Telegrapher each on the 4:00
P.M. and Midnight shifts.
Effective December 1, 1955, the position of General Clerk was abolished
and as a consequence, the relief assignment attached thereto was lost and the
work which remained to be performed on Saturday and Sunday was assigned
to employes not covered by the Clerks' Agreement.
13791
16082-16
394
The Carrier has shown that traditionally telegraph service employes
perform clerical work incident to their telegraphic duties; that this tradtional
practice has not been abrogated or modified by the Clerks' Agreement effective June 1, 1946, as revised effective September 1, 1949; that telegraph service employes are assigned to perform the work of billing livestock and freight
shipments at Laurel from Monday through Sunday, inclusive; and that this
work is performed by these employes incident to their telegraphic duties. The
Carrier has also shown that the work performed by telegraph service employes at Laurel in billing livestock and freight shipments is not in contravention with the rules of the Clerks' Agreement.
The Carrier has also shown that should this Division find, contrary to
established principles, that the cashier has acquired an exclusive right to bill
livestock and freight shipments at Laurel on Saturdays and Sundays, that
payment to the cashier is limited to payment at straight time rate for the
number of hours consumed by the telegrapher in billing livestock and freight
shipments on Saturdays and Sundays.
All data in support of the Carrier's position in connection with this claim
has been presented to the duly authorized representative of the Employes and
is made a part of the particular question in dispute.
(Exhibits not reproduced)
OPINION OF BOARD:
The docket in this case does not contain sufficient
factual data to enable the Division to make an intelligent award. Further
some of the statements of fact in the respective submissions are at variance
with each other. Therefore, the Division has no recourse but to dismiss the
claim.
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 claim be dismissed.
AWARD
Claim dismissed.
NATIONAL
RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H.
Schulty
Executive Secretary
Dated at
Chicago, Illinois, this 22nd day of September, 1961.