NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Joseph S. Kane, 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 (GL-4823) that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly Rule 3-C-2, when it abolished
a position of Store Attendant, Symbol No. CC-2023, rate of pay
$2.132 an hour, located at the Oil House, Conway Enginehouse, Conway, Pennsylvania, Pittsburgh Region, incumbent V. Guandola,
effective July 14, 1958.
(b) The position should be restored in order to terminate this
claim and that V. Guandola and all other employes affected by the
abolishment of this position should 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 Rule 4-C-1; be compen
sated 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 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 time of settle
ment (Award 7287). (Docket 597)
EMPLOYES' STATEMENT OF FACTS: This dispute is between the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes as the representatives 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.
[354]
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CONCLUSION
The Carrier has shown that none of the duties of the abolished Store
Attendant position in question were assigned to other than clerical employes;
and,
furthermore, even if it were improperly considered that the procural of
supplies by the enginehouse forces on third trick comprised work previously
assigned to said position, such work properly could be performed by the
enginehouse forces in accordance with Rule 3-C-2. The Employes' claim, therefore, is totally without merit and should be denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
The Claimants held the position of store attendant, symbol No. CC-2023, at the Oil House at Conway Enginehouse, Conway,
Pennsylvania. The tour of duty for the Claimant was 11:00 P. M. to 7:00 A. M.
The position required the Claimant to distribute supplies to mechanics and
keep inventory records. On July 13, 1958, the position was abolished and
mechanics were required to draw their own supplies and materials as needed.
All record keeping was transferred to the first trick store attendant.
It was the contention of the Claimants that Rule 3-C-2 of the Agreement
was violated when mechanics entered the Oil House and obtained materials
necessary to repair engines, and thus deprived store room employes from performing work that rightfully belongs to them.
It was the contention of the Carrier that with the reduction in the size
of the Engine repair force the distribution of supplies and record keeping
was abolished on the third trick. Also what work remained to be performed
in the store room coming within the Clerks' Agreement was transferred to
the first trick store attendant. The Carrier also contended that a using mechanic may secure materials from the Oil House, as this work does not belong
to the clerks exclusively. Thus Rule 3-C-2 was not violated.
The question to be decided is:
Did the Carrier violate Rule 3-C-2 of the current Clerks' Agreement when it permitted mechanics to draw their own supplies from
the store room?
This Board is of the opinion that the facts and circumstances of this
dispute have been determined in Award 10894 and 12341.
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.
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AWARD
Claim denied according to Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois this 21st day of May 1964.