THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: This dispute is between the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representative of the class or craft of employes in which the Claimant in this case held a position and the Pennsylvania Railroad Company-hereinafter referred to as the Brotherhood and the Carrier, respectively.
There is in effect a Rules Agreement, effective May 1, 1942, except as amended, covering Clerical, Other Office, Station and Storehouse Employes between the Carrier and this Brotherhood which the Carrier has filed with the National Mediation Board in accordance with Section 5, Third (e), of the Railway Labor Act, and also with the National Railroad Adjustment Board. This Rules Agreement will be considered a part of this Statement of Facts. Various Rules thereof may be referred to herein from time to time without quoting in full.
The thirty-nine claimants named in this case are the incumbents of Group 1 clerical positions in the Ticket Sales and Service Bureau, 30th Street Station,
Therefore, the Carrier respectfully submits that your Honorable Board should deny the claim of the Employes in this matter.
The Carrier demands strict proof by competent evidence of all facts relied upon by the Claimants, with the right to test the same by crossexamination, the right to produce competent evidence in its own behalf at a proper trial of this matter, and the establishment of a proper record of all of the same.
OPINION OF BOARD: On or about January 22, 1955, Carrier opened a new Ticket Sales and Service Bureau in Philadelphia. One of the new machines installed was the Industrial Intrafax, which is "an electronic device for quickly transmitting impressions of documents." Telereceivers, equipped to receive and send document impressions, were installed by Western Union in offices of subscribing industrial concerns. These were connected with the Industrial Intrafax equipment in Carrier's ticket office. Transportation information, Coach and Pullman reservations, and the purchase and sale of local and interline tickets are transmitted and received on these machines. Group 1 employes receive and send the messages from Carrier's ticket office. They perform all of the duties they normally do when a ticket is purchased at the ticket office. A full and detailed description of the work functions at the Carrier's ticket office and at the office of the subscribing industrial firm is in the record. No useful purpose is served to repeat here that lengthy recital of facts. A brief summary is contained in the Joint Statement of Agreed Upon Facts, dated May 6, 1958. This, in part, reads:
Petitioner filed this claim on or about June 5, 1957, about two and onehalf years after the Industrial Intrafax was installed. It is the position of Petitioner that the copying of the information on the blank ticket by the subscriber's employe is work "which has always been performed by Group 1 employes of the Carrier, who are covered by the Clerks' Rules Agreement. . " They argue that this is in violation of the Scope Rule of the Agreement.
The Joint Statement of Agreed Upon Facts, above quoted, shows that the subscriber's clerk does not do the work customarily and historically performed by Group 1 employes. All he does is to copy the information transmitted by a Group 1 employe onto a blank rail ticket form. There is no evidence in the record that subscribers' clerks replaced Group 1 employes. On the contrary, the record shows that Group 1 employes performed the same work which they did before the Industrial Intrafax was installed. There was no loss of employment by the installation of this device. For 12142-26 143