THIRD DIVISION
(Supplemental)
(a) The Carrier violated the Rules Agreement, effective May 1, 1942, except as amended, particularly Rule 3-C-2, when it abolished the positions of Station Baggagemen William Langrell and Edward Bednarik, at the Akron and Hudson, Ohio Stations, Lake Region, effective December 13, 1957.
(b) The positions should be restored in order to terminate this claim and that William Langrell and Edward Bednarik, and all other persons affected by the abolishment of these positions be restored to their former status (including vacations) and be compensated for any monetary loss sustained by working at a lesser rate of pay; be compensated for any loss sustained under Rule 4-A-1 and 4-C-1; be compensated in accordance with Rule 4-A-2 (a) and (b) for work performed on holidays, or for holiday pay lost, or on the rest days of their former positions; be compensated in accordance with Rule 4-A-3 if their working days were reduced below the guarantee provided in this rule; be compensated in accordance with Rule 4-A-6 for all work performed in between the tour of duty of their former position; be reimbursed for all expense sustained in accordance with Rule 4-G-1 (b); that the total loss sustained, including expenses, under this claim be ascertained jointly by the parties at time of settlement (Award 7287); the period of claim is December 13, 1957, and all subsequent dates until the violations are corrected. [Docket 431]
(a) The Carrier violated the Rules Agreement, effective May 1, 1942, except as amended, particularly Rule 2-A-5, when it used Extra Freight Truckers from Akron, Ohio Freight Station, as Station Bag-
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 Claimants in this case held positions 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 BoardThis 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.
Prior to December 13, 1957, Claimants William Langrell and Edward Bednarik were the incumbents of regular positions of Station Baggagemen at the Akron and Hudson, Ohio Stations, Lake Region. They each have seniority dates on the Lake Region seniority roster in Group 2.
Claimant William Langrell, prior to December 13, 1957, was the incumbent of a regular position of Station Baggageman, Akron, Ohio Freight Station, tour of duty 1:00 P. M. to 9:00 P. M., including a one-hour meal period, rate of pay $370.97 a month. The Claimant worked at Akron Freight Station as a Trucker, from 1:00 P. M. until 4:30 P. M., at which time he departed for Hudson, Ohio Passenger Station, approximately fourteen miles distant, where he worked as Station Baggageman until the departure of Passenger Train No. 38, at 8:35 P.M. He then returned to Akron to complete his tour of duty at 9:00 P. M.
Prior to December 13, 1957, Claimant Edward Bednarik was the incumbent of a regular position of Station Baggageman, Akron Freight Station, tour of duty 6:00 A. M. to 3:00 P. M., including a one-hour meal period, rate of pay $370.97 a month. Mr. Bednarik reported for duty at Hudson Passenger Station at 6:00 A. M., to handle the baggage and mail on Passenger Trains 39 and 339, at 8:02 A. M., and 8:15 A. M., respectively. Following this service he reported at Akron Freight Station at 10:00 A. M., where he worked as a Trucker for the remaining portion of his tour of duty.
Effective December 13, 1957, the positions of Station Baggageman held by each of the Claimants were abolished, and the remaining work of the abolished positions that remained to be performed at Hudson, Ohio, was performed by Extra Freight Truckers, who were sent there from Akron, Ohio, daily, on regularly scheduled four-hour calls, to perform this work. 12220-25 $1
It is respectfully submitted that the National Railroad Adjustment Board, Third Division, is required by the Railway Labor Act to give effect to the said Agreements and to decide the present dispute in accordance therewith.
The Railway Labor Act in Section 3, First, subsection (i), confers upon the National Railroad Adjustment Board the power to hear and determine disputes growing out of "grievances or out of the interpretation or application of agreements concerning rates of pay, rules and working conditions." The National Railroad Adjustment Board is empowered only to decide the said dispute in accordance with the Agreement between the parties to it. To grant the claim of the Employes in this case would require the Board to disregard the Agreements between the parties thereto and impose upon the Carrier conditions of employment and obligations with reference thereto not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take such action.
The Carrier has shown that the work of the abolished Baggagemen positions was not assigned in violation of the Master Agreement, and that the Claimants are not entitled to the compensation which they claim.
Therefore, the Carrier respectfully submits that your Honorable Board should deny the claims of the Employes in this matter.
The Carrier demands strict proof by competent evidence of all facts relied upon by the Employes, with the right to test the same by cross-examination, the right to produce competent evidence in its own behalf at a proper trial of this matter and the establishment of a record of all of the same.
OPINION OF BOARD: The dispute involves two claims originating out of the same cycle of circumstances. On December 13, 1957, Carrier abolished two Baggageman positions at the Hudson Passenger Station, Hudson, Ohio. The employes who had been assigned to those positions worked from 6:00 A. M. to 3:00 P. M., and from 1:00 P. M. to 9:00 P. M., respectively. The same employes who had worked as Baggagemen at the Hudson Passenger Station also worked, during their regular assigned hours above mentioned, as TruckerBaggagemen at the Akron Freight Station, Akron, Ohio. The distance between the Akron Freight Station and the Hudson Passenger Station is fourteen miles.
Concurrently with the abolishment of the two Baggageman positions at the Hudson Passenger Station, Carrier assigned two Extra Truckers from the Akron Freight Station to perform baggage work at the Hudson Passenger Station. One of these Extra Truckers was assigned to work at Hudson from:
Carrier paid each Extra Trucker on a four hour call basis as provided in the Agreement.
Petitioner's first claim is in behalf of the former incumbents of the abolished positions based on the alleged violation of Rule 3-C-2 of the Agreement. The second claim is in behalf of the Extra Trucker from Akron Freight Station on the alleged violation of Rule 2-A-5 of the Agreement.
All of the above is more particularly set out in Joint Statements of Agreed Upon Facts which was executed on the property and which appears in the record. The Statement with respect to the first claim reads:
"Claimant Edward Bednarik held position of Station Baggageman, Akron Freight Station, tour 6:00 A. M. to 3:00 P. M., and was assigned to perform service at Hudson Passenger Station at start of tour of duty in order to handle baggage on trains 39 and 339 which arrived at 8:02 A. M. and 8:15 A. M., respectively, and after returning to Akron Freight Station at 10:00 A. M., was assigned to perform Trucker duties for the remainder of tour of duty.
Claimant William Langrell held position of Station Baggageman, Akron Freight Station, tour 1:00 P. M. to 9:00 P. M., and performed Trucker duties at Akron Freight Station until 4:30 P. M., when he departed for Hudson Passenger Station to handle baggage on Train 38, which arrived at Hudson Passenger Station at 8:35 P. M., completing his tour of duty at 9:00 P. M.
Effective December 13, 1957, both positions of Station Baggageman held by claimants were abolished, and Extra Truckers are regularly used twice daily on a 4-hour call basis to perform service at Hudson Passenger Station."
"Claimant Eugene Williams held position of Extra Trucker at Akron Freight Station.
Prior to December 13, 1957, a position of Station Baggageman, tour 6:00 A. M. to 3:00 P. M., Akron Freight Station, was assigned to perform service at Hudson Passenger Station at start of tour of duty to handle baggage on Trains 39 and 339 which arrived at 8:02 A. M. and 8:15 A. M., respectively, and after returning to Akron Freight Station at 10:00 A. M., was assigned to perform Trucker duties for the remainder of tour of duty. Another position of Station Baggageman, tour 1:00 P. M. to 9:00 P. M. performed Trucker duties at Akron Freight Station until 4:30 P. M., when the incumbent of the position would depart for Hudson Passenger Station to handle baggage on Train 38, which arrived at Hudson Passenger Station at 8:35 P. M., completing his tour of duty at 9:00 P. M.
Effective December 13, 1957, both positions of Station Baggageman were abolished, and the work formerly performed by the Station Baggagemen at Hudson Passenger Station was subsequently performed by two extra Truckers from Akron Freight Station, one of whom was the claimant.
Claimant is called on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays for the morning work, i.e., 7:45 A. M. to 11:00 A. M., 12220-27 83
Carrier has the right to abolish positions. Petitioner does not dispute the fact that baggage and trucking work had been progressively declining. These facts are fully set out in the record. It is also a fact that the trucking work which Claimants in Case No. 1 performed as truckers at the Akron Freight Station was assigned to the remaining force of truckers at the Akron Freight Station. Petitioner argues only that Carrier violated Rule 3-C-2 of the Agreement. This Rule provides, in part, as follows:
Prior to December 13, 1957, the assigned work force at the Hudson Passenger Station consisted only of an Agent. At Akron Freight Station, the assigned platform force consisted of one Tallyman, two Truckers, and two Trucker-Baggageman positions. The latter two, in their capacity as Baggagemen, also worked at the Hudson Passenger Station. When the two Baggageman positions were abolished, the trucking work formerly done by Claimants at Akron was assigned to other employes at the Akron Freight Station in accordance with the provisions of Rule 3-C-2.
There was only an Agent in the Hudson Passenger Station. Rule 3-C-2 says that when a position is abolished and less than four hours' work per day of the abolished position remains, then that work "may" be done by an Agent. It does not say that such work "shall" be done by an Agent. The assignment of the work to an Agent is permissive; it is not compulsory. There was no Extra List maintained at the Hudson Passenger Station. Carrier had the option to assign the remaining work at Hudson to the Agent. But, there is nothing in Rule 3-C-2 which obligates Carrier to do so. Carrier did not violate the provisions of Rule 3-C-2. There is no basis for the claim in Case No. 1.
Prior to December 13, 1957, Claimants Bednarik and Langrell worked a total of about 112 hours a week at both the Akron and Hudson Stations. Each worked 8 hours a day, 7 days a week. They worked about 50% of their time or about 28 hours a week each at the Hudson Passenger Station. Thus, there was about 56 hours of Baggageman work at the Hudson Station. 12220-23 84
After their positions were abolished, there was only 29 hours and 45 minutes of Baggageman work at Hudson. The involved employes, who work at Akron and Hudson, are in the same seniority district. There was no Extra List at Hudson. There was one at Akron. Prior to the abolishment of the Baggageman positions, Truckers from the Extra List at the Akron Freight Station performed Baggageman's work at the Hudson Passenger Station on Saturdays and Sundays, the rest days of the regular positions. Although the record does not show for what period of time the Akron extra Truckers protected the Baggageman work at Hudson, there is no denial by Petitioner that this practice had existed.
There is no question that there was not sufficient work at the Hudson Passenger Station to establish two full-time Baggageman positions. The record also shows that there was not enough work to establish one such full-time position.
Carrier offered to establish part-time regular positions at Hudson which Petitioner rejected. The work at Hudson after December 13, 1957, was, therefore, extra work. The use of employes on the Extra List at Akron was consistent with the past practice. There is no merit to the claims in Case No. 2.
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