THIRD DIVISION
(Supplemental)
THE NEW YORK CENTRAL RAILROAD, EASTERN DISTRICT
(Except Boston and Albany Division)
1. That Carrier violated and continues to violate the Clerks' Agreement when, effective July 17, 1957, it required and continues to require Checkers at its Freight Transfer, Utica, N.Y., to sort freight and to load freight on trucks, work which properly belongs to Loaders or Callers, employes who are carried on Class 2 seniority roster.
2. That Carrier violated and continues to violate the Clerks' Agreement when, effective July 17, 1957, it required and continues to require Truckers at its Freight Transfer, Utica, N.Y., to sort freight and load freight on trucks, work which properly is that of Loaders or Callers, higher rated employes, and refuses to pay them the rate of pay applicable to Loaders or Callers.
3. That account Checkers being required to sort freight and load freight, Class 2 work which is that of a Caller or Loader, each of the following named Callers or Loaders be paid 2 hours' additional pay for each day, commencing July 17, 1957 to date such violation of the Agreement shall have been eliminated:
4. That account of Truckers being required to sort and load freight, work which belongs to Callers or Loaders, higher rated employes, each of the following 54 Truckers be paid the difference between the rate of a Caller or Loader and that of a Trucker, for two hours on each day, commencing July 17, 1957 to date such refusal of Carrier to pay the proper rate of pay shall have been rescinded:
EMPLOYES' STATEMENT OF FACTS: The Carrier has a Freight Station and Freight Transfer Station at Utica, N.Y., the Transfer Station having been located at Utica, N.Y. since 1935.
Prior to July 17, 1957 a gang consisted of one Checker, one Caller or Loader, two and sometimes three Truckers. On July 17, 1957 each gang was cut to three men, one Checker, one Caller or Loader and one Trucker.
Also, as of July 17, 1957, the Checker was instructed to assist the Caller or Loader in the sorting of freight and the loading of freight on trucks; the Caller or Loader was instructed to truck freight in addition to his usual 11988-28 875
The Carrier has shown that the present claim is without support in agreement rule and that your Board has denied similar claims. It is without merit and should be denied.
All data and evidence have been made known in conference or through correspondence.
OPINION OF BOARD: At the outset we are confronted with procedural questions. The Carrier says the claim has been substantially changed and amended and that it refers to unnamed Claimants. Petitioners say first defense was not made on the property. We have often held it is not necessary to name Claimants where they can be ascertained from Carrier's records. See Award 10515 - Dolnick. On the property the Carrier denied the claim on its merits and we hold that it should be decided on its merits here.
In order to sustain the claims presented it is necessary to find a violation of the effective agreement. The Scope Rule involved is a general one, enumerating the positions without specifying exactly what work or duties are reserved to the respective positions named. This Board has held that under such circumstances the burden of proving that the work involved was intended to be exclusively performed by Claimants, is on the Petitioners. This to be established by history, practice, custom or tradition of long standing. See Awards 11525-Dolnick, 11128-Boyd, 10931-Miller, 10856-McGrath, 11149Rose, 10903-Ray. And that the practice is system wide. Award 10615-Sheridan. Petitioners failed to sustain the burden of proof.
Furthermore it has been held by this Division that the facts that separate Seniority rosters are maintained for Class 1 and Class 2 employes is not sufficient to support the Petitioner's position or prevent the Carrier from allowing Checkers (Class 1) to sort and load, and thus do work of Callers (Class 2) or to prevent a trucker's position being abolished and the work distributed to Clerical employes. See Award 9047- Weston, 7167-Carter, 6140Whiting, 10384 - Dugan. 11988-29 876