THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS & STATION EMPLOYES



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GIr5396) that:



EMPLOYES' STATEMENT OF FACTS: Cashier Position No. 2, New 'Smyrna Beach Agency, was last advertised under the provisions of the Clerks' Agreement by Bulletin No. 54-Cl, dated play 19, 1960, and the following duties were stipulated in that bulletin:


On August 23, 1962, Carrier's Superintendent wrote the incumbent of Cashier Position No. 2 as follows:


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These findings are equally pertinent to the instant dispute and demand denial of the claims of the Employes.


    For the reasons stated .the claim is without merit and should be denied.


    (Exhibits not reproduced.)


OPINION OF BOARD: Carrier abolished Cashier Position No. 2, New Smyrna Beach Agency, on August 24, 1962, and the duties thereof were performed by the Agent until October 11, 1962; and afterward by ClerkOperators. Although the claim is general for the period up to October 7, 1962 and a continuing one thereafter, its principal objection is against the assignment of work covered by the Clerks' Agreement to the Agent, who is a supervisory employe, and not covered by any agreement.


The Organization's argument is based upon the Scope and Seniority Rules which, it claims, require that the work involved here be performed by Clerks. The Scope Rule is, however, general in nature, listing the classes of positions covered but not delineating the work to be done. We have frequently held that where such Scope Rules apply the question of whether or not the work was reserved exclusively to the Clerks must be determined by resort to history and custom on the property.


'The record discloses that H. G. Hinson, a former Agent at this post from 1926 to 1957, had performed clerical duties such as here involved from time to time. E. H. McLaughlin, Jr., Assistant Trainmaster stated that he, too, had performed such clerical duties.


The Organization disputes this evidence, offering statements by Clerks E. C. Simons, L. W. Webb and R. B. Schnee, directly contradicting it.


This Board has no means of evaluating such evidence, to determine which is truthful and which is not. We must say, therefore, that the Organization, whose burden it is to prove its exclusive right to the work involved, has not met that burden with convincing proof.


Although it is unnecessary to the decision herein, we note that the Agent assumed the duties while he was instructing and preparing three ClerkOperators who took over the duties after October 11 to fill out their day's work. What was involved was the temporary assumption of clerical duties by a supervisor until replacement employes could be trained. There are many decisions by this Board which hold that clerical duties may be assigned to Clerk-Operators to fill out their days, including Award 13964 only recently decided and involving the same parties and location.


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

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    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 19th day of November 1966.