BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL5681) that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement bearing effective date October 1, 1940, reprinted May 2, 1955, including revisions, (hereinafter referred to as the Agreement) between the Southern Pacific Company (Pacific Lines) (hereinafter referred to as the Carrier) and its employes represented by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes (hereinafter referred to as the Employes) which Agreement is on file with this Board and by reference thereto is hereby made a part of this dispute.
On June 18, 1961, XE-6206 Banana Special arrived in Klamath Falls. The Banana Messenger requested permission to inspect the banana cars. A yard clerk and a carman were assigned to assist him. The carman broke the seals and opened and closed all doors on one side of the cars. The yard clerk took a record of the seals on all car doors and took the temperature of each car.
Unassigned clerk H. H. Hobbs, hereinafter referred to as the Claimant, filed claim for eight hours' compensation at yard clerk's rate because a carman, not covered by the Agreement, was used to break seals and open and close car doors.
Carrier has conclusively shown herein the claim is unwarranted and totally lacking in merit, and if not dismissed for reasons set forth hereinabove, Carrier asks that it be denied. (Exhibits not reproduced.)
OPINION OF BOARD: It is contended by Claimant that at Klamath Falls, Oregon, on June 18, 1961, Carrier required an employe, namely a Carman, not covered by the Clerks' Agreement to break car seals and open and close car doers on a banana special which work had been regularly assigned and exclusively performed by employes covered by the Agreement.
It is the contention of the Carrier that the work the Carman performed was work which had been regularly assigned to Carmen under the Carmens' Agreement and was not work exclusively reserved to employes under the Clerks' Agreement.
There is an unreconciled difference in facts as to just what work was assigned to and performed by the Yard Clerk and what work was assigned to and performed by the Carman in this case. As between the parties, this Board cannot resolve the credibility of the evidence offered; consequently the record does not furnish any basis for determining the conflict of fact. See Award 9486 (Rose); Award 11786 (Dorsey); Award 12011 (Christian); Awards 12360 and 12560 (Dorsey).
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
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