THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-4856) 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.
On and prior to the date the instant case originated, November 1, 1957, the Claimant, H. E. Robinson, was working as an extra Group 2 employe at the Passenger Station, Richmond, Indiana, Buckeye Region, performing janitor work on less than a full time basis. He has a seniority date on the seniority roster of the Buckeye Region in Group 2.
With respect to paragraph (b) of the claim in which payment of a 4-hour call is requested for October 14, 1957, and all subsequent dates until the "violation is corrected," the Carrier has shown that no violation of the Clerks' Rules Agreement occurred in this case, and, therefore, it is unnecessary for your Honorable Board to decide this secondary issue.
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 Agreement 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 claims of the Employes in this case would require the Board to disregard the Agreement 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 assignment and performance of the work involved in this dispute was not in violation of any provisions of the Clerks' Rules Agreement, but, on the contrary, was accomplished strictly in accordance therewith. Therefore, the Carrier respectfully submits that your Honorable Board should deny the Employes' claim in its entirety.
OPINION OF BOARD: It is the opinion of this Board that the Agreement involved has not been violated.
This claim arises on behalf of H. E. Robinson, a Group 2 janitor on less than a full time basis, at the Passenger Station, Richmond, Indiana. On October 14, 1957, the Carrier posted notice requiring the Group 1 teletype clerks to clean the yard office. The Group 1 clerk of each trick spends approximately 40 minutes per trick cleaning said yard office.
The Organization contends that Carrier violates the Agreement by requiring Group 1 clerks to perform such work where Group 2 employes are available on less than a full time basis. However, pertinent parts of the Scope Rule provide as follows:
Carrier contends that the last paragraph quoted above contemplates Group 1 employes performing some Group 2 work as a part of their regular duties, so long as the preponderance of their duties continues to be Group 1 work. We agree.
In the case before us, the Group 1 clerks are required, as a part of the regular duties, to perform Group 2 work briefly each trick. Their duties are still predominantly Group 1 duties.
It is, therefore, the opinion of this Board that the Agreement has not been violated and the claim must be denied.
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; 12481-is 894