PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERICS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that-






(1) There is employed at the Mail Terminal, Memphis, Tennessee, a force of employes who perform the mail handling duties necessary to the operation of the Mail Terminal coming within the Scope Rule of the Clerks' Agreement with Carrier governing the working conditions of the employes effective June 23, 1922, revised February 1, 1954.


Mail Handler J. Dixon was on vacation during the period August 7 to 25, 1957. The vacancy had been bulletined and awarded to Claimant Henderson prior to the beginning of the vacation in accordance with his seniority, the Special Agreement signed by former Manager of Personnel C. R. Young and former General Chairman McCarthy (Employes' Exhibit No. 1), the February 17, 1957 agreement signed by Mail and Baggage Agent R. T. Kelly and Local Chairman Newby, (Employes' Exhibit No. 2) and the current Clerks' Agreement.


Claimant Henderson was not permitted to assume position awarded him by bulletin or any of the duties attached thereto but was assigned different duties on an entirely different position. Head Mail Porter L. Brooks was permitted or required to leave his position and work the position awarded Hender-



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Carrier reiterates that both Henderson and Brooks performed duties properly within their assignments. Brooks, as pointed out, usually and routinely performed the work in question-loading RPO car on Frisco train 105-and certainly there was no violation of the agreement when he performed this work in the instant case. Instead of being used to assist in the loading of this RPO car, Henderson was assigned to work on the Storage Car of the same train which is work usually performed by Dixon (the position's regular incumbent) and properly within his assignment.


Moreover, Mail Handlers are not assigned specific duties and the Carrier has the right to move them from one mail car to another, from one train to another, or from one job to another to adjust to the fluctuation in the volume of inbound and outbound mail on the various trains. As previously shown, the rules, the practice, and job bulletins do not restrict the Carrier's rights in this respect in any way.




All data in this submission have been made known to the Employes and made a part of the question in dispute.




OPINION OF BOARD: A local agreement between Carrier's Mail and Baggage Agent and Petitioner's Local Chairman established the procedure to be followed in filling Mail Handlers' positions, for the year 1957, while the regular incumbents were on vacations. It reads:







Petitioner admits that bulletins posted in compliance with the afore-quoted local agreement did not detail duties.


Claimant was the successful bidder to fill a temporary vacancy in a Mail Handlers position created by the vacation of one J. Dixon. His complaint is that he did not handle the mail on the same car and trains as did Dixon.


Suffice to say that when an employe is assigned to a position in a gang, pursuant to a bulletin that does not detail particular duties, he is subject to assignment to any duties performed by the gang. Under such circumstances the work is that of the gang, as a whole, and not of individual employes therein.

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Petitioner has failed to prove that any member of the gang, or Dixon in particular, had any exclusive right, vested by application of the Agreement, to perform mail handling on any particular cars or trains. We will deny the Claim.

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












Dated at Chicago, Illinois, this 11th day of July 1963.