NATIONAL RAILROAD ADJUSTMENT BOARD
Kieran P. O'Gallagher, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly Rule 3-C-2, when it abolished
the position of Station Baggageman held by Mr. C. S. Bortner, at the
Canton Passenger Station, Canton, Ohio, Lake Region, effective April
21, 1958.
(b) The position should be restored in order to terminate this
claim and that C. S. Bortner and all other employes affected by the
abolishment of this position be compensated for any monetary loss sustained by working at a lesser rate of pay; be compensated by any loss
sustained under Rule 4-A-2 (a) and (b) for work performed on Holiday pay lost, or on the rest days of their former position; 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 expenses sustained
in accordance with Rule 4-G-1 (b); that the total monetary loss sustained, including expenses, under this claim be ascertained jointly by
the parties at the time of settlement (Award 7287). (Docket 482)
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 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.
[438]
12237-23
460
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 cross-examination, 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:
The issues found in this claim involve the right
of the Carrier to abolish the job of Baggageman at Canton Passenger Station
and to assign the work formerly performed by the Baggageman to a Ticket
Clerk at the same Station.
The issues presented require first the determination of whether or not
the Baggageman's position was properly abolished. We find from the record
that the Carrier acted entirely within its rights, under the current Agreement
in abolishing the position.
It then became necessary for the Carrier to rearrange the work formerly
performed by the Baggageman and we find the Carrier adhered to the provisions of Rule 3-C-2, of the Agreement in this regard. Neither do we find anything in the record, or in the Agreement to prohibit the Carrier from assigning work formerly performed by the Baggageman as a Group 2 employe to
the Ticket Clerk a Group 1 employe. Indeed, numerous well reasoned awards
of this Division, support the right of the Carrier to assign mixed duties to
Group 1 and Group 2 positions, such as occurred in the instant claim.
For the reasons set forth above we must perforce find no merit in the
Claimant's contention, and it follows that we must deny the claim in its entirety.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 20th day of February 1964.