BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: For many years the calling of engine crews, handling the enginemen's board, handling of layoffs, reporting for duty, assignment of bulletined enginemen's positions, and other clerical work connected with the handling of engine crews at Chaffee, Missouri was handled exclusively by the clerical force in the Master Mechanic's Office at that point.
The clerical force in the Roundhouse at Chaffee, Missouri consists of a Roundhouse Clerk, 7:30 A. M. to 12:00 noon, and 1:00 P. M. to 4:30 P. M.,
decision was rendered July 16, 1957, Carrier's Exhibit C-1, and no appeal having been taken therefrom, that decision has become final and binding under the provisions of Article V of the August 21, 1954 National Agreement and governs the disposition of this dispute.
The claims of Extra Caller Daugherty were based upon the same contentions as those of Chief Caller Maxwell. However, it should be pointed out that the claim date of April 12 shown in Part (3) of the Employes' Statement of Claim is a duplicate claim of one for the same date in favor of Chief Caller Maxwell in Part (2) of the Employes' Statement of Claim. Subsequent claims advanced by Daugherty have been duplicated in the same manner and the Organization has not adequately explained the reason for such duplications.
The facts of record do not warrant a sustaining award and this Division is respectfully requested to so find.
All data in support of Carrier's submission have been presented to Employes or duly authorized representative thereof and made a part of the particular question in dispute.
OPINION OF BOARD: This is a Scope Rule Case. From the record it appears that the Organization on this property has acquiesced for many years and allowed the Lead Mechanics to perform the function of Engine Crew Callers when there was no member of the Clerks' Organization on duty.
While historically and traditionally this is work assigned to the Clerks' Organization, the record shows that the Clerks have waived their rights to the work on this property under these circumstances.
FINDINGS: The Third Division of the Adjustment Board, 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