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
KANSAS CITY TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-5400) that:
(a) The Carrier violated the rules of the current agreement between the parties when it arbitrarily removed Robert R. Wood from
the duties of his assignment August 2, 3, 9, 10, 16, 17, 23, 24, 30
and 31, 1962, and;
(b) Because of such violation that Robert R. Wood be paid
one day's pay at his rate of pay as of the dates set forth in paragraph (a) of this Statement of Claim.
EMPLOYES' STATEMENT OF FACTS: As of the dates of the claims
in this dispute Robert R. Wood, the claimant, was the assigned temporary
incumbent of Relief Mail Handler Position No. 228B, having been assigned
to same in accordance with Carrier's Bulletins No. 746, attached as Employes' Exhibits Nos. 1 and 2.
The position was a temporary vacancy because of the absence of the
regular incumbent, Benjamin H. Roberts. As shown by Exhibit No. 2, Woods
was assigned to the position effective July 14, 1962. He left it effective September 1, 1962.
The duties of Position 415, as filled on the work days of the regular
incumbent, P. R. Talbott, were, among other things, to load mail in the
storage mail and Railway Post Office cars of Wabash train 210 that had a
departure time of 9:30 A. M. During this period the assignment also called
for meeting Frisco train 106 upon arrival at 7:20 A. M. and Union Pacific
train 10 upon arrival at 9:05 A. M., and unloading the mail from the Railway
Post office cars in these two trains.
On the dates of the claim Wood was removed from the performance of
his assignment on the Wabash, Frisco and Union Pacific trains identified
above, and another employe, John U. Condon, substituted for him.
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CONCLUSION
This claim is without merit because:
(1) The work performed by Claimant during the entire tour on each
claim date was within the scope of duties as described in the
bulletins.
(2) No rule restricts the Carrier's right to make temporary changes
in the usual pattern of work.
(3) Claimant loaded and unloaded mail at the "east end" of the station during his entire tour on each claim date. There was no
change in his assignment.
(4) The present claim, in effect, seeks to obtain a new application
of the Bulletin Rule and thereby establish a new role.
Carrier requests that the claim of the Employes be denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
The facts herein are in point with those in
Award 13371. The findings therein are controlling in this dispute. We adopt
the findings expressed therein.
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.