NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY (LINES WEST OF MOBRIDGE)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
A. That the calling of crews and handling of crew board and
records in connection therewith at Spokane, Washington, Roundhouse by employes without the scope of the parties' Agreement effective September 1, 1949, is violative of the provisions thereof.
B. (1) That Joe Ruscio, Roundhouse Clerk, Spokane, and his
successor(s) if there be any on the Roundhouse Clerk's position at
Spokane, be paid a call commencing Saturday, November 3, 1956,
and a call for Sunday, November 4, 1956, and for the Saturdays and
Sundays of each week thereafter including holidays until the rule
violation is corrected when employes without the scope of the parties'
Agreement called crews and performed other work incident thereto
within the Roundhouse Clerk's weekly workday assignment 8:00 A. M.
to 5:00 P. M.
(2) That Joe Ruscio, and his successor(s) if there be
any
on the
Roundhouse Clerk's position at Spokane, be paid as a penalty a call
on each date commencing Saturday, November 3, 1956, excluding the
allowances claimed in Section B (1) of this claim, that employes of
the Carrier not embraced within the Scope Rule of the parties' Agreement called crews and handled work incidental thereto until the rule
violation is corrected.
EMPLOYES' STATEMENT OF FACTS:
With opening of the new
Yards in East Spokane January, 1956, the Carrier combined the offices of its
several Mechanical Department Supervisors with that of the Roundhouse
Foreman. The clerical position then assigned to Claimant Ruscio in the
Master Mechanic's Office, Union Station, Spokane, was transferred to the
new quarters and concurrently therewith the Carrier assigned to the Roundhouse Clerk exclusively the calling of crews, handling of the crew board and
all work incidental thereto during his assigned hours of duty 8:00 A.M. to
5:00 P. M., Monday through Friday, except holidays.
(1347
10793-16
139
Insofar as Spokane is concerned until January, 1956, the calling of engine
crews was performed
exclusively by
classes of employes other than clerks
and since January, 1956, the calling of enginemen has been performed by a
clerk only during the Roundhouse Clerk's regular tour of duty, 5:00 A. M. to
5:00 P. M., Monday through Friday.
The Carrier holds:
1. That the claim should be dismissed for failure to properly progress it under the provisions of Article V of the agreement of
August 21, 1954.
2. That regardless of Article V of the August 21, 1954 Agreement
the claim is without merit as the calling of enginemen at Spokane, as well as other terminals, has never been recognized as
the exclusive work of clerical employes.
All data contained herein has been presented to the employes.
OPINION OF BOARD:
Examination of the Record reveals that Carrier
consistently defended its denial of this Claim on two grounds: (1) that the
Claim was without substantive merit, and (2) that it was improperly processed under Article V of the August 21, 1954 National Agreement (both of
the parties being signatory thereto), and therefore, improperly before this
Board.
Under the confronting facts of record, we are of the opinion that the
Organization did, in fact, fail to comply with the provisions of said Article V,
particularly Section 1 (b) and (c), which require that the Organization must
notify each Carrier officer who declines its claim of rejection of his decision
within 60 days of receipt of such disallowance.
We conclude, then, that the Claim is improperly before the Board and
should be dismissed.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim is improperly before us.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois this 19th day of September 1962.