THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

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




STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5622) that:




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 Claimants in this case held positions 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 the National Mediation Board in accordance with Section 5, Third (e), of the Railway Labor Act, and also with the National Railroad Adjustment Board. This Rules Agreement will be considered a part of this Statement of Facts. Va,tous Rules thereof may be referred to herein from time to time without quoting in full.

Following discussion, the Superintendent denied the claim by letter dated May 21, 1962. The Division Chairman then requested preparation of a Joint Submission, a copy of which is attached as Exhibit "A".


At a meeting on October 16, 1963, .the General Chairman presented a claim, reading essentially the same as that listed here before the Board, to the Manager, Labor Relations, the highest officer of the Carrier designated to handle such disputes .on the property. The Manager, Labor Relations denied the claim by letter of December 16, 1963, a copy of which is attached as Exhibit "B".


The claim was re-listed for discussion at a special meeting on April 21, 22, and 23, 1964. By letter dated May 8, 1964, the Manager, Labor Relations reaffiirmed his previous denial.


Therefore, so far as the 'Carrier is able to anticipate the basis for this claim, the questions to be decided by your Board are whether Yardmaster& were used at West Brownsville Junction to perform work on Sundays and Mondays in violation of the Clerical Scope Rule and whether .the, Claimants are entitled to the compensation claimed.




OPINION OF BOARD: Claimant C. E. Vesley held regular assignment as Clerk-Relief, Relief No. 7, under the Assistant Train Master at Shire Oaks from January 28, 1961 to December 12, 1961. After December 12, 1961, the Claimant held position as Clerk-Extra, Symbol %Y-5, under the Assistant Train Master at Shire Oaks.


Claimant G. P. Cindric held position as Clerk-Extra, Symbol %Y-3, under the Assistant Train Master at Shire Oaks.


Sunday and Monday are the rest days of the second trick yard clerk at West Brownsville Yard Office. There is no relief position assigned to relieve the second trick yard clerk at West Brownsville Yard Office on Sunday and Monday. On Sundays and Mondays there are no regularly assigned clerks on duty on the second trick at West Brownsville Junction Yard Office.


A Yard Master is assigned at West Brownsville Junction on second trick,. Sunday and Monday.


The Employes contend that the Agreement was violated when Carrier allowed the second trick yard master to perform work on Sundays and Mondays that was done Monday through Friday by Clerks.


Carrier asserts that the present dispute is not properly before the Board and further alleges the claim was not presented on the property. There are variances in the form of the claim but we do not feel these variances are fatal. The Carrier can recognize the existence of the claim now before the Board.






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See also 6656 (Wyckoff) 109118 (Boyd) and 10921 (Boyd).

It is .important that this Board not become "super-technical" and that we attempt to avoid a multiplicity of claims. We will dispose of this dispute on the issues.

The issue here is whether Carrier can assign work to a yard master, on the clerical employes rest days, when clerical employes perform this work the other five days of the week.








We believe that the record clearly indicates that the work involved was done Tuesday through Saturday by clerical employes. We concur in the findings of Award 12137, we will sustain the claim.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:



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That the Carrier and the Employes involved in this dispute are respeetively 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









Dated at Chicago, Illinois, this 31st day of March 1966.

Keenan Printing Go., Chicago, III. Printed in U. S. A.
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