NATIONAL RAILROAD ADJUSTMENT BOARD
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-5327) that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly Rule 3-C-2, when it abolished
clerical position Symbol No. F-313, incumbent W. H. Martin, Jr.,
rate of pay $444.50 a month, located at Ravenna, Ohio Station,
Lake Region, effective with the close of business Friday, April 28,
1961.
(b) The position should be restored in order to terminate this
claim, Claimant W. H. Martin, Jr., and all other employes affected
should be restored to their former status (including vacations) and,
effective May 1, 1961, be compensated for any monetary loss sus
tained under Rule 4-A-1 and Rule 4-C-1; be compensated in accord
ance 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 posi
tions; be compensated in accordance with Rule 4-A-3, if their work
ing days were reduced below the guarantee provided in this rule;
be compensated in accordance with Rule 4-A-6 for all work per
formed in between the tour of duty of their former positions; 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
settlement (Award 7287). [Docket 1159]
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
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To grant the claim in this case would require the Board to disregard the
Agreement between the parties and impose upon the Carrier conditions of
employment and obligations with reference thereto not agreed upon by
the parties to the Agreement. The Board has no jurisdiction or authority to
take any such action.
CONCLUSION
The Carrier has shown that the actions here complained of did not violate the Rules Agreement, and that the Employes have presented no valid
evidence to the contrary.
Therefore, the Carrier respectfully requests your Honorable Board to
deny the Employes' claim in its entirety.
(Exhibits not reproduced.)
OPINION OF BOARD:
On and prior to April 28, 1961, the force at
Ravenna Station consisted of Agent Blumenstiel, whose position was not
covered by the Clerks' Agreement, and Claimant Martin. The Claimant occupied clerical position F-313, which was covered by the Clerks' Agreement.
This position was abolished effective with the close of business on Friday,
April 28, 1961. Beginning Monday, May 1, 1961. the remaining work of the
position was assigned to and was performed by the Agent. The confronting
claim contends that Carrier violated the Clerks' Agreement by abolishing
clerical position F-313 and assigning the remaining work to the Agent.
Carrier responds that the disputed action was fully in accord with Rule
3-C-2 (a) of the Agreement.
Insofar as material, this rule declares:
"RULE 3-C-2.
(a) When a position covered by this Agreement is abolished,
the work previously assigned to such position which remains to be
performed will be assigned in accordance with the following:
(1) To another position or other positions covered by this Agreement when such other position or other positions remain in
existence, at the location where the work of the abolished
position is to be performed.
(2) In the event no position under this Agreement exists at the
location where the work of the abolished position or positions is to be performed, then it may be performed by
an Agent, Yard Master, Foreman, or other supervisory employe, provided that less than 4 hours' work per day of the
abolished position or positions remains to be performed;
and further provided that such work is incident to the
duties of an Agent, Yard Master, Foreman, or other supervisory employe."
Since no other clerical position remained "in existence at the location
where the work of the abolished position is to be performed" (paragraph (1)
of the foregoing rule), it is apparent that the pertinent language appears in
above-quoted paragraph (2). In accordance with said paragraph, the question thus becomes whether the remaining work of the abolished position
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that was assigned to the Agent amounted to less than 4 hours' work per day,
and whether said work was incidental to the Agent's duties.
We are satisfied from the evidence presented that the remaining work
of the abolished clerical position amounted to less than 4 hours' work
per day. We also conclude that this work was incidental to the duties of
the Agent at this station. A denial award is required.
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 29th day of May 1965.