STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: Prior to on or about June 1, 1948 all ticket work at Fort Smith, Arkansas was handled by employes of the Kansas City Southern Railroad under a contract with the St. Louis-San Francisco Railway Company. During the year 1947 and early part of 1948, due to the tracks of the Kansas City Southern being washed out between Fort Smith and Spiro, Oklahoma, the contract was cancelled and the Frisco took over its own passenger handling work, remodeling the General Office Building to provide for a waiting room and ticket office, establishing the position of TicketCashier as shown by Employes' Exhibit 1 (a). On or about December 15, 1948 a position of Helper was established to assist with the handling of the head end work of passenger trains, checking and delivering of baggage, and janitor work. See Employes' Exhibit 1 (b). Also, effective on or about December 20, 1948 a new position of Ticket Clerk was established with hours of 7:30 A. M. to 3:30 P. M. (See Employes' Exhibit 1 (c)), with the hours of Ticket Cashier Position being changed to 1:00 P. M. to 9:00 P. M. The Ticket Clerk Position was abolished on or about January 30, 1956, (See Employes' Exhibit 1 (d)), leaving all of the ticket work assigned to the Ticket Cashier, whose position was abolished at the close of work September 2, 1958, and all of the work attached thereto assigned to a newly created position of Telegrapher-Ticket .Cashier. See Employes' Exhibit 1(e) and 1(f).
Also see Awards 6 and 32, SBA No. 194, and Third Division Awards 4355 (Robertson), 7133 (Carter), and 8690 (Bailer) recognizing that ticket selling work on this property is not reserved exclusively to either Clerks or Telegraphers.
Part (2) of the Employes' claim advanced to the Board is in two parts: First, the Employes are seeking to have the disputed work "restored to the scope of the Clerks' Agreement"; second, employes R. H. Lauderdale, L. W. House, L. L. Riggs, E. C. Bass, C. W. Jones, J. P. Burris, H. C. Sharum and Melvin Burgess, be paid "for all losses sustained as reflected by the payrolls and other records of the Carrier."
The work in question has never been in the Scope Rule of the Clerks' Agreement on this property.
There is no evidence of record that any of the claimants sustained "losses". The occupant of the Ticket Clerk-Cashier position, rate $18.52 per day, displaced L. W. House, the occupant of a Bill Clerk position, rate $18.63 per day. If any monetary loss was sustained by Claimant Lauderdale, such loss was not due to a reduction in wages. Therefore, such claim should be denied. See Award No. 10 of SBA No. 194. Also see Carrier's Exhibit B-3. In addition, it was said in Award No. 15, SBA No. 194,-
The facts of record simply 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. The Carrier abolished the position of Ticket Clerk Cashier and established concurrently the position of Telegrapher-Ticket Cashier.
The jurisdictional point raised by the Carrier is moot as the Telegraphers were given proper notice under the provisions of this Board.
The facts show that in order to establish this new position it was necessary to change the working place of the Telegrapher and to install new equipment. The facts also show that the Telegraphers had never, prior to this time, handled ticket sales at this location.
It is the judgment of this Referee that the Carrier's action is in direct violation of Rule 60 and therefore the claim must be sustained. See Award 10743.
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
CARRIER MEMBERS' DISSENT TO AWARD 11554
DOCKET CL-11569
Award 11554 is in error in that it treats ticket sales as being exclusively the work of clerks when in fact it is work by custom, practice and tradition, shared between the Clerks and Telegraphers on a systemwide basis on this Carrier. Awards 7133 and 8690. The Agreement is systemwide in its application, and the situation at Fort Smith, the isolated point involved, cannot properly be treated as controlling under the Agreement. Additionally, ticket sales at Fort Smith had fallen off to a point of near non-existence due to the deactivation of the military camp, and when the sale of the few remaining tickets was assigned to a telegraph employe capable of handling both telegraphic duties and ticket sales rather than to the clerical employe who could not perform telegraphic work, there was no violation of the Agreement.