BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
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 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 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.
There is also in effect a rate agreement, which was effective August 1, 1951, designated as follows: "Agreement Entered Into By And Between The Pennsylvania Railroad Company and Clerical, Other Office, Station and Storehouse Employes of The Pennsylvania Railroad Company Designated Herein Represented by Brotherhood of Railway and Steamship Clerks, Freight
Therefore, the Carrier respectfully submits that your Honorable Board should deny the claim of the Employes in this matter.
OPINION OF BOARD: Claimants were members of a gang usually composed of 1 tallyman, I loader and 3 truckers. On claim date, however, one trucker was absent.
In addition to compensation based on an hourly rate of pay, these employes were covered by a special "Tonnage Understanding" under which they were eligible to earn additional compensation based upon tonnage handled by the gang in excess of 38 tons. As of claim date, the hourly and tonnage rates applicable to claimants were as follows:
On April 24, 1957, because the gang was short 1 trucker, the Carrier reduced the 38-ton minimum by one-third to 25.5 tons, or 51,000 pounds. The gang handled 127,628 pounds of freight that day. In computing compensation for Claimants, the Carrier subtracted 51,000 pounds from 127,628 pounds and paid each man at the appropriate rate of his position multiplied by the number of tons represented by 76,628 pounds (38-1-). This was paid in addition to the hourly rated compensation for that day. Thus, Claimants for April 24, 1957, were paid as follows:
Petitioner asserts Claimants were improperly paid, contending they should have been compensated as follows:
The record indicates that the same "short gang" situation as is present here has occurred in the past. The Petitioner contends that the rates have always been adjusted in accordance with the method it argues should have been used in this case; Carrier insists that the method of payment it used to compute the compensation paid the Claimants is consistent with that followed in the past. Neither party offers any evidence to support its assertions. Evidence of past practice on this crucial point is essential to a proper decision by the Board. Lacking such evidence, we would have to decide the dispute on speculation and assumption as to the proper method of payment. This, the Board may not properly do.
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