THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: 1. Claimant, Mr. C. H. Lawson, was regularly assigned to the position of Bill of Lading Rate Clerk, hours of assignment 9:00 A. M. to 6:00 P. M., work week beginning on Tuesday, Sunday and Monday being rest days. The rate of pay of Claimant Lawson's position was $17.43 per day. A copy of Vacancy Bulletin advertising Claimant Lawson's position is attached hereto and identified as Employes' Exhibit ..A_,
2. Mr. F. E. Hamilton was regularly assigned to the position of Rate Clerk, hours 7:00 A. M. to 3:00 P. M. A copy of Vacancy Bulletin advertising Mr. Hamilton's position is attached hereto and identified as Employes' Exhibit "B". Mr. W. T. Richards was regularly assigned to position of Rate Clerk, hours 3:00 P. M. to 11:00 P. M. A copy of Vacancy Bulletin advertising Mr. Richards' position is attached hereto and identified as Employes' Exhibit "C".
3. By virtue of the "Note" under Rule 32, April 26 is a recognized holiday, for purposes of the Agreement, in Georgia. The Federal Government
worked from 7:00 A. M. to 3:00 P. M., W. T. Richards from 3:00 P. M. to 11:00 P. M., and G. P. Logan from 11:00 P. M. to 7:00 A. M. None of these clerks performed any duty that they do not normally or customarily perform during their regular five-day assignments. Carrier calls the Board's attention to the fact that Claimant Lawson's assigned hours are from 9:00 A. M. to 6:00 P. M. Therefore, it is always necessary that the first trick rate clerk, Mr. Hamilton, perform the very duties complained of from 7:00 A. M. to 9:00 A. M., which is the starting time of claimant's position. Also, it is always necessary that the second trick rate clerk, Mr. Richards, perform the very duties complained of from 6:00 P. M. to 11:00 P. M., while claimant is not on duty. This is evidenced by the fact that these duties are listed in the preponderating duties of the position occupied by Rate Clerks Hamilton and Richards. Such preponderating duties are quoted on page 3 of carrier's submission.
The only duty listed in the Local Chairman's letter of June 15, 1957, carrier's Exhibit "A-1", that is not specifically mentioned in the preponderating duties of the rate clerk positions occupied by Mr. Hamilton and Mr. Richards is "making switching orders." Even though such duty is not specifically listed, it is frequently performed by Rate Clerks Hamilton and Richards. Furthermore, there were only twelve such switching orders issued on the holiday in question, and the time consumed in the performance of that task was not more than twenty-five minutes for the entire day.
Claimant is subject to the provisions of Rule 46 (f) (1) of the agreement. Under this provision, the carrier has the unquestioned right to reduce the force of regularly assigned employes on designated holidays. There is nothing in the clerical agreement having the effect of requiring the carrier to work more employes on designated holidays than are needed to protect the work. As a matter of fact, Rule 46 (f) (1), together with the punitive pay provisions of Holiday Work Rule 32, and the eight-hour holiday allowance specified in Article 11 of the August 21, 1954 Agreement, were negotiated by the parties for the purpose of reducing to an absolute minimum the number of employes to be worked on holidays. As claimant was eligible for and received the eight-hour holiday allowance, he was compensated as though he had worked five days in his work week and the holiday had not occurred.
For the reasons stated herein, the claim is clearly not supported by any rule or provision of the Clerks' Agreement and should be denied in its entirety. Carrier respectfully requests that the Board so decide.
All evidence submitted in support of carrier's position has been made known to employe representatives.
OPINION OF BOARD: This is a dispute between Grand Lodge Brotherhood of Railway and Steamship Clerks, and Southern Railway Company.
As of Friday, April 26, 1957, a designated holiday, and the date involved in this dispute, claimant Lawson was the regular occupant of the Bill of Lading Rate Clerk position. F. E. Hamilton was the regular occupant of the Rate Clerk position, hours 7:00 A. M. to 3:00 P. M. W. T. Richards was the regular occupant of the Rate Clerk position, hours 3:00 P. M. to 11:00 P. M. 10819-ii 591
The preponderating duties listed in the bulletin covering the bill of lading rate clerk position occupied by Claimant Lawson were as follows:
The Carrier determined that because of the holiday and some of the plants of Carrier's large shippers being closed, that it would not be necessary to work the entire clerical force in the rate department. Claimant Lawson's position along with some others, were blanked and they were allowed a day's pay at the pro rata rate of their respective positions.
Clerks Hamilton and Richards were required to work and Claimant contends that the duties of his position were required to be performed by clerks Hamilton and Richards.
The specific duties complained of are: signing of Bills of Lading, taking orders over the telephone, making switching orders and the transmitting of all city orders to'Inman Yard office by teletype.
The Carrier contends that these duties are included in the bulletin of the positions of Hamilton and Richards. They further contend that Hamilton and Richards perform all of these duties when Claimant is not on duty and also perform some of them when he is on duty, but otherwise occupied.
We are of opinion that Award 8872 is in point and we concur therewith. There is no evidence contained in this record to show that any of the called employes performed work which they were not entitled to perform as part of their regular assignment. We believe that this may be distinguished from Award 8563. Apparently it was held therein that the duties belonged exclusively to the Claimant. For the foregoing reasons we find that the Agreement was not violated.
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;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and