NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston J. Moore, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
FORT WORTH AND DENVER RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-5234) that:
1. Carrier is in violation of the current Rules Agreement when
it unilaterally transferred and removed the work of servicing and
supplying dining cars on trains 1 and 2, 3 and 4, and 7 and 8 from
the scope of the Agreement. Transferring this work from the Store
Department at Forth Worth, Texas to the employes not covered by
Agreement; namely, dining car employes, to an outside firm at Dallas,
Texas, and to the CB&Q Commissary at 23rd Street, Denver, Colorado, with additional laborer's work being transferred to Childress,
Texas and assignment of some of the work to group (1) employes at
Fort Worth and Dallas, Texas.
2. Carrier now be required to compensate Mr. B. F. Cowling
and Mr. H. B. Dossey whose positions as laborers in the Store Department at Forth Worth were abolished to the extent of a day's
pay for each and every work day at the rate of $17.48 per day, in
addition to their regular salary retroactive to date of abolishment,
March 7 and 15, 1961 respectively, and forward until the work
and their positions are restored and assigned in the Store Department
at Fort Worth, Texas.
3. Carrier be required to pay Mr. Cowling and Mr. Dossey
necessary living expenses for each and every day that they are required to remain in Childress, Texas away from their home terminal,
amount to be determined by a joint check conducted by the Carrier
and Organization representatives.
4. Carrier be required to compensate Mr. J. L. Longbine,
whose position as laborer was abolished in the Store Department at
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Fort Worth, Texas on or about February 6, 1961, to the extent of a
day's pay, at his regular rate, for each and every work day his
position remains abolished, retroactive to February 27, 1961 and
forward until the work and position is restored in the Store Department at Fort Worth, Texas.
5. Carrier now be required to compensate Mr. W. C. Rippey,
Laborer, and V. J. Hall, Head Laborer, and Mr. M. W. Walker,
Derrick Operator, who lost their positions in Childress as a result of
the rules violation to the extent of a day's pay at their regular rates
for each and every day that they remain out of work retroactive to
dates of displacement, which are March 7, 15, and 16, 1961, respectively; and in addition be required to compensate all other
employes who are subsequently adversely affected by such violation
to the extent of time lost or difference in rates of pay.
EMPLOYES' STATEMENT OF FACTS:
For many years the employes
of the Fort Worth and Denver Railway Company in the Store Department
at Fort Worth, Texas have performed and handled all necessary work in
connection with the supplying and servicing of dining cars on passenger
train Nos. 1 and 2 and 7 and 8 of the Fort Worth and Denver Railway operating between Denver, Colorado and Dallas, Texas; trains 3 and 4 of the
Fort Worth and Denver Railway operating between Fort Worth and Houston,
Texas; also diners on all Specials and Business Cars.
The force in the Store Department at Fort Worth on January 1st, 1961
was substantially as follows:
1 - Storekeeper
1 - Clerk
3 - Laborers
In February of 1958 the work of supplying and servicing of diners on
passenger trains 1 and 2 at Fort Worth, Texas was removed from the scope
of our current agreement and transferred to the Chicago, Burlington &
Quincy Railroad Commissary at Denver, Colorado, the CB&Q supplying and
servicing the cars for the round trip between Denver, Colorado and Dallas,.
Texas, except for linens, chinaware, silverware, and miscellaneous and emergency supplies. These supplies continued to be furnished through the
Store Department at Fort Worth. One laborer's position was abolished at
that time.
In September of 1959 the servicing of dining cars on passenger trains
7 and 8 was removed from the scope of our agreement and transferred to
the CB&Q RR. Commissary at 23rd Street, Denver, Colorado. Again one.
laborer's position in the Store Department at Fort Worth was abolished.
The work of supplying and servicing of diners on trains 1 and 2 has
been changed several different times between Fort Worth, Texas and Denver,
Colorado since June 1958, and similar changes have been made in supplying
and servicing of diners on trains 7 and 8; however, in February of 1961
the work of supplying and servicing of diners on trains 1 and 2 and 7 and 8,
after having been returned to the Store Department of the Fort Worth and
Denver Railway at Fort Worth, was again transferred to the CB&Q at
Denver, Colorado. Concurrently therewith the Office of Supervisor of Dining
Cars was moved from Fort Worth to Dallas, Texas, a distance of some thirty
(30) miles and the work of supplying and servicing of
dinig cars on passen-
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for his work as well as perform the small amount of laborer's work remaining after March 16, 1961. This makes it abundantly clear that the store
work had been greatly reduced, and does not exist in sufcient quantity to
provide any reasonable amount of work for a laborer at Fort Worth.
The Organization also charged that some of the laborer's work formerly
performed by claimants have been transferred to a Group (1) employe at
Dallas. This employe is the steno-clerk to the Supervisor of the Dining Car
Department, and is a female. Obviously, she is not physically capable of performing laborer's work. She does receive the invoices and requisitions, which
are transmitted to the Store Department for further handling. This work
has always been performed by the clerk in the Dining Car Department.
Summary
In summing up its principal points in defense of this claim, the Carrier
has shown the following:
1. The allegations of fact upon which this claim is based cannot
be proved. The positions abolished at the Fort Worth Store
were the result of factors other than the changes made in
principal supply points of dining cars on trains 1 and 2, 7 and
S, and 3 and 4.
2. It is not a violation of any provision in the collective bargaining agreement between the parties to change principal
supply points for dining cars.
3. Direct deliveries of material from supplier to the user on the
railroad is not prohibited by the schedule. It is a desirable
method of handling supplies, which has been practiced in the
Dining Car Department in the past.
4. The Organization's withdrawal of its position that the change
from Fort Worth to Denver brought into play the Washington
Job Protection Agreement, is conclusive evidence that this
change did not constitute the removal of work from the scope
of the agreement.
6. None of the claimants named herein suffered any loss by reason
of the changes in principal supply points on the passenger
train involved.
6. None of the rules cited by Petitioner lend any support whatever to this claim.
7. The contention that others are now doing the work formerly
performed by claimants at Fort Worth is either not true or not
an agreement violation.
Upon review and analysis of all these factors, the Board must conclude
this claim is completely invalid. It must be denied.
(Exhibits not reproduced.)
OPINION OF BOARD: The Petitioner contends that the Carrier removed work from the scope of their agreement and transferred it elsewhere.
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The evidence in the record fails to disclose any proof that the work
belonged exclusively to the Petitioner. To the contrary, there is evidence
that they had been moved from one location to another several times. The
Scope Rule is general in character. The Petitioner has failed to show, that
by custom and practice on the property, the work belongs to them.
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 26th day of February 1966.