THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The Carrier's property includes the Union Station at Portland, Oregon, and eleven tracks which are used for passenger trains of railroads running in and out of Portland. These tracks, which run parallel to the station, are crossed by a wide hard surfaced platform with a high overhead roof, commonly called the high shed, which leads from the station and is used as a thorough-fare by passengers for access to the trains.
The Carrier's clerical forces include a seven-day Stationmaster position identified as Job No. 220 with assigned hours of 7:00 A. M. to 3:00 P. M., and two seven-day Assistant Stationmaster positions identified as Job No. 222 with assigned hours of 3:00 P. M. to 11:00 P. M. and Job No. 223 with assigned hours of 11:00 P. M. to 7:00 A. M.
Claimant G. T. Slingerland is regularly assigned to Assistant Stationmaster Job No. 222. His rate of pay as of the date of the instant claim was $17.60 per day.
The duties of the Stationmaster and Assistant Stationmasters include giving signals to crews of incoming passenger trains to proceed across the high shed platform and to give the signal to bring them to a stop at the desired place in the yard.
CONCLUSION: Since the Carrier has clearly shown that the work here in dispute is not covered by the Scope Rule of the current agreement, therefore is not work belonging exclusively to employes covered thereby, but is incidental to the position of Stationmaster; that the giving of signals to approaching trains and/or engines is not work traditionally or customarily performed by employes covered by the current Clerks' Agreement, but is traditionally and customarily performed by switchmen and/or trainmen; that such work during the period of this claim and at the present time is performed by switchtenders (switchmen) about 1200 feet away from the stationmaster who is doing the same kind of work at the high shed platform, thus clearly showing that the work is being performed at the same time by two different classes or crafts of employes; and that the claim for reparations is uncertain, deficient, incorrect, and improper; the only conclusion that can be drawn from this dispute is that the claim is wholly without foundation and merit and should be denied in its entirety.
The Carrier respectfully requests that such action be taken by this Honorable Board.
OPINION OF BOARD: The issue in this case is whether the Carrier violated the Agreement when it permitted or required a pilot coming under the agreement between the Switchmen's Union and the Carrier to give signals to incoming passenger trains under a high shed platform at Portland, Oregon. The Organization claims that the giving of such signals was work belonging exclusively to the Station Master or the Assistant Station Masters. A claim was filed by the Organization on November 15, 1956 on behalf of the Claimant for overtime pay from November 10, 1956 until the violation was corrected.
The claim was denied on January 4, 1957 and the Organization requested and the Carrier acceded to a holding of a conference on the claim. At this conference the Carrier acceded to the Organization's contentions and assigned the disputed work to the Station Master or Assistant Station Master exclusively. Because of this action in correcting the violation the Organization now claims overtime pay from November 10, 1956 to the date of the Conference March 21, 1957 when the violation was corrected.
The Carrier has admitted that the work in dispute belongs exclusively to the Organization. In view of this fact the claim is sustained.
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; 10495-15 507