NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston J. Moore, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,.
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD
COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
1. Carrier violated and continues to violate the Clerks' Rules
Agreement when it abolished Caller-Clerk Position #32 while the
duties remained and assigned those duties to employes outside the
Agreement and to employes in another seniority district.
2. Carrier shall now be required to return the work which teas
a part of Caller-Clerk Position #32 in Seniority District #56 at
Dubuque, Iowa, which is now being performed by the Roundhouse
Foreman or others not covered by the Clerks' Rules Agreement as
well as employes of another seniority district, to employes holding
seniority in Seniority District #56.
3. Carrier shall compensate Employe Charles Pullen for eight
(8) hours at the pro rata rate of Caller-Clerk Position #32 for each
day Monday through Friday subsequent to February 16, 1957 that
the violation continues.
4. Carrier shall compensate Employe Charles Pullen for
eight (8) hours at the time and one-half rate of Caller-Clerk Position #32 for each Saturday and Sunday subsequent to February
16, 1957 that the violation continues.
5. Carrier shall compensate all employes in Seniority District #56 for all loss suffered directly or indirectly as a result of
the abolishment and removal of the work of Caller-Clerk Position
#32 from February 16, 1957 until the violation is corrected.
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respondence, in fact, the occasional inquiry directed to the roundhouse
foreman is usually handled by a pencilled notation, similar to the
practice which he followed on many occasions when the roundhouse
clerk's position was still in existence. The time that is involved on
the part of the roundhouse foreman is insignificant.
Further, any work
represented by this item is directly incidental to the duties and functions
of the roundhouse foreman.
14. With the abolishment of the roundhouse clerk's position the typing
of pass requests was discontinued entirely. The pass requests prepared
by the individual employes, when and if approved by the roundhouse
foreman, are forwarded to the Pass Bureau without typing. The work
represented by this item has entirely disappeared.
15. The work of handling the telephone in the roundhouse foreman's office
was never the exclusive work of the roundhouse clerk. Even during
the assigned hours of the roundhouse clerk (S hours per day, 5 days
per week) often the telephone was answered and business
conducted
on the telephone by the roundhouse foreman and outside the assigned
hours of the roundhouse clerk the telephone (which, incidentally, was
on the roundhouse foreman's desk) was handled exclusively by the
roundhouse foreman. As Roundhouse Foreman Hammerstein stated,
he conducted much of his business by telephone. Of course, the telephone work in connection with calling crews has, since the abolishment of the roundhouse clerk's position at Dubuque, been performed
by the caller-clerks at Savanna. The handling of the telephone does
not represent work which was exclusive to the roundhouse clerk.
There are no miscellaneous duties remaining from the roundhouse clerk's
position, exclusive to that position, which are performed by employes outside
of Clerks' Seniority District 56.
It is the Carrier's position that all work, exclusive to the former roundhouse clerk's position, remaining from that position, following its abolishment
efrective February 16, 1957, has since been performed by employes in the
same seniority district at Savanna, Illinois and that there has been no violation of the Agreement and there exists no basis whatever for this claim. The
Carrier, therefore, respectfully requests that your Honorable Board render
a denial award.
All data contained herein has been presented to the employes.
(Exhibits not reproduced.)
OPINION OF BOARD:
This dispute is between The Brotherhood of
Railway and Steamship Clerks and The Chicago, Milwaukee, St. Paul and
Pacific Railroad Company.
On February 16, 1957, the Carrier abolished Position #32, Caller-Clerk
at Dubuque, Iowa. Claimant occupied that position. The Organization contends that Carrier, after above date, required or permitted Employes outside
the scope and application of the Clerks' Agreement to perform work previously
assigned to Position #32 and performed by Claimant. There are fifteen
specific duties complained of.
From the evidence and the record, we find that of the fifteen specific
items complained of by the Claimant of the specific duties of Caller-Clerk,
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Position #32, many have been transferred to other Clerks. Some are not
the duties of the Caller-Clerk position. Some of the duties are being done
by the Roundhouse Foreman, but the Roundhouse Foreman has in the past
performed them. Some of the duties no longer exist. For this reason it
appears that Position #32, Caller-Clerk was abolished. Of the duties that
remained, only a few minutes time was necessary, and we consider this
inconsequential for purposes of complying with the Agreement. For the
foregoing reasons we find that the agreement was not violated.
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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of January 1963.