THIRD DIVISION
(Supplemental)
EMPLOYES' STATEMENT OF FACTS: On December 7, 1956 notice was posted by Storekeeper H. L. Doughty, reading as follows:
On December 14, 1956, carrier instituted the practice of regularly calling regularly assigned employes outside their regular hours and/or furloughed employes to return to service during the periods 4 P. M: 12 Midnight and 12 Midnight-8 A. M. to issue supplies (Employes' Exhibit "H"-Page I and Employes' Exhibit "L"-Pages 1-3).
When carrier abolished the positions shown above, this left no employe under the scope of the Clerks' Agreement in the Seniority District involved on duty to issue supplies to the Deisel Shop forces who work around the clock 24 hrs. per day, 7 days per week.
Concurrently with the abolishment of the positions, carrier issued keys to the Enginehouse Foreman at Beacon Park and in the event supplies were, needed quickly, the Foreman would go into the Storeroom and draw out the supplies before the employe who was called arrived and at other times, would draw out supplies instead of calling anyone.
After about two weeks, the employes involved could not continue to work their regular assignments and answer the many calls and they thereafter refused the calls.
As mentioned above, the Deisel Shop at Beacon Park is in operation 24 hours per day, 7 days per week. As the deisel locomotives arrived, they are inspected, serviced and repaired. Carrier is unable to predetermine just what materials will be needed for repairs and servicing. Prior to Dec. 13, 1956,. carrier maintained 1-Storeman on each of the three tricks in the Beacon Park Storeroom for the purpose of issuing supplies as required by the mechanics and other employes at the Deisel Shop. However, effective Dec. 13, 1956, it abolished the two positions shown above and attempted to reduce an 8-hour assignment on a call basis.
Attached hereto is Employes' Exhibit "L"-Pages 1-29 inclusive which lists various items drawn from the Storerooms during the 4 P. M.-Midnight and 12 Midnight-8 A. M. periods from Dec. 14, 1956 thru March 10, 1957. It can be seen from this exhibit that supplies were drawn at various times during the respective periods which would have necessitated an employe being on duty 8 hrs.
Also, attached are Employes' Exhibits "A"="K" inclusive wherein the claim has been handled properly with all concerned. 10539-12 401
All data contained herein has been made known to the Organization, either in conference or in writing.
OPINION OF BOARD: The Carrier on December 7, 1956 issued and posted a notice abolishing Storeman's position from 4:00 P. M. to Midnight, and from Midnight to 8:00 A. M., plus two relief Storemen in the Beacon Stores effective December 14, 1956. As a result of said action, the Carrier had no Employes for said shifts, and filled these positions which were required under the call provision of the Agreement. The Employes for approximately 4 days accepted calls and then refused calls because it interferred with their regular assignments.
At approximately the same time, the Carrier issued the Engine House Foreman keys to the storeroom so that the supplies could be obtained during the shift in question.
The Carrier raises a procedural question, i.e. the Organization did not file the claim on behalf of a specific named Employe.
The facts as presented herein indicates clearly and without any doubt that the Carrier knew the Claimants with certainty. All we have to do is examine Carrier's Exhibit No. 4.
Similar Letters as set forth (supra) were sent to each individual named therein seeking their availability for the work on the two shifts in issue, and they all responded in like manner.
The purpose for this procedural requirement is so that the Carrier can identify the claimants and determine their availability for the work under the Agreement allegedly violated.
Carrier's Exhibit No. 4 dispels any doubt as to their identity and as to the fact that they are Storemen.
However, the evidence does not support their position that they were entitled to compensation because they were not available.
We believe that the Organization has proved by a preponderance of the evidence that they are entitled to the work in question subject to the call provisions of the Agreement, but the evidence further shows that the Carrier was within its managerial prerogative in abolishing the positions because practical operations did not require the operation of a full time Storeman during the tours of duty in issue. It was necessary because of economical reasons.
The work in question was within the scope of the Organization, and Carrier's conduct during this controversy indicates this.
We cannot observe any distinction between an emergency where Employes other than those within Scope Agreement perform the work and the absent Employes who are within the present Scope Agreement and is paid for a call, and the continuous sparse work that was performed by others outside of the present Scope Agreement during these controversial tours of duty.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: 10539-14 403