STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: This dispute is between the Botherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representative of the class or craft of employes in which the Claimant in this case held a position 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 without quoting in full.
The Claimant in this case, Daniel J. Kerr, Sr., is an employe holding a regular position of Chauffeur covered by the Scope of that Rules Agreement having a seniority date on the Group 2 seniority roster on the former New York Division of the Carrier. The New York Division is now a part of the New York Region.
The Carrier demands strict proof by competent evidence of all facts relied upon by the Claimant with the right to test the same by cross-examination, the right to produce competent evidence in its own behalf at a proper trial of this matter and the establshment of a record of all of the same.
All data contained have been presented to the employe involved or to his duly authorized representative.
OPINION OF BOARD: This dispute concerns the Carrier's action in assigning a newly purchased truck to a Maintenance of Way Department employe to be operated in connection with the activity of that department. The claim is that the Carrier removed work from Group 2 chauffeurs assigned to the Truck Service Pool at Jersey City, N. J. and thereby violated the Clerks' Agreement.
The record discloses that new truck in question replaced an outside contractor's truck which had been operated by an employe of the contractor. Thus the action here in dispute did not remove any work from Group 2 chauffeurs covered by the Clerks' Agreement. Work was simply transferred from the contractor to the Maintenance of Way Department.
The basis upon which this claim was presented being lacking in foundation, a denial award is required.
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