STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5728) that:
EMPLOYES' STATEMENT OF' FACTS: 'There is in effect Rules Agreement effective July 1, 1945, and as amended up to and including April 1, 1964 and the National Agreement signed at Chicago, Illinois, August 21, 1954, covering clerical, baggage and mail passengers, other office, station and storehouse employes, between this Carrier and this Brotherhood. The Rules Agreements will be considered a part of this statement of facts. Various Rules and Memorandums therefore shall be referred to from time to time without quoting in full.
This dispute arises from the fact that on May 30, 1964 and July 4, 1964 the Carrier failed and refused to advertise and fill the positions of Baggage and Mail Messengers on Trains 4204 and 4008, as had always been done previously by employes covered by, and in accordance with the Scope of the Clerks' Agreement and, instead, assigned the work to Trainmen not covered and outside the Scope of the Clerks' Agreement.
letter of July 27, 1964, is attached hereto and made a part hereof, marked "Carrier's Exhibit D."
The foregoing claim was denied by the Passenger Trainmaster on July 29 1964. A copy of Passenger Trainmaster's letter of July 29, 1964, is attached hereto and marked "Carrier's Exhibit E."
Subsequently, separate Statements of Facts were prepared by the Passenger Trainmaster and the Local Chairman, which are attached hereto and made a part hereof, marked "Carrier's Exhibit F" and "Carrier's Exhibit G."
The claim was progressed by the General Chairman to the Director of Personnel, and was discussed at meeting on September 28, 1964. The claim was denied by the Director of Personnel in letter dated September 30, 1964. A copy of this letter is attached hereto, marked "Carrier's Exhibit H."
OPINION OF BOARD: On February 1, 1938, the Brotherhood of Railway and Steamship Clerks, etc., became the bargaining representatives of Baggage and Mail Messengers, and entered into an agreement with the Carrier covering rates of pay, rules and working conditions of these employes. By agreement, Appendix "A", dated February 15, 1951, the February 1, 1938, Agreement was abrogated, and Baggage and Mail Messengers were placed under the Clerks' basic rules and working conditions agreement which had become effective July 1, 1945.
A bulletin was posted by the Passenger Trainmaster on May 20, 1964, to cover establishment of certain Baggage and Mail Messenger positions for May 30, 1964, and on June 19, 1964, the Carrier posted a bulletin to cover the establishment of certain Baggage and Mail Messenger positions for July 4, 1964, to work Train No. 4204 leaving Jamaica and return Train No. 4215 on May 30, 1964, and one to work Train No. 4008 leaving Jamaica and return Train No. 4007 on July 4, 1964, but, instead, assigned trainmen, not covered by the Clerks' Agreement, to the work.
It is the contention of Claimants that both by the Scope Rule of the Clerks' Agreement, as amended April 1, 1964, and by custom and practice the work assigned was the exclusive work of the Baggage and Mail Messengers under the Clerks' Agreement.
To the contrary, it is Carrier's position that frequently when there was not sufficient work required to justify bulletining and assigning a Baggage and Mail Messenger to cover the work, that work had been performed by Trainmen; that by custom and practice this had not been the exclusive work of Baggage and Mail Messengers; further, that under Appendix "A" of the effective Agreement it is specifically provided that this work involved is not the exclusive work of Baggage and Mail Messengers.
Effective April 1, 1964, the Scope Rule of the Agreement was amended, as follows:
The Petitioner contends that the change in the Scope Rule indicates an intent to adopt the position now assumed by it, that by virtue of this amendment the work involved herein is the exclusive work of the Baggage and Mail Messengers covered by the Agreement under the Scope Rule.
This might well be but for Appendix "A", of the July 1, 1945, Agreement, which was adopted February 15, 1951, Appendix "A" is a retained part of the July 1, 1945, Agreement, when that Agreement was revised and amended effective April 1, 1964. There is nothing in the April 1, 1964 Agreement indicating that Appendix "A" was abrogated or annuled.
It is a rule of contract construction that all the provisions of a contract are to be given effect if it is possible to do so. In so doing the specific will control the general provision, leaving the general provision to operate in the general field not covered by the specific provision. In the present case, Rule 1, the Scope Rule, is a general rule covering all classes of work under the effective Agreement; Appendix "A" deals specifically with the working conditions of Baggage and Mail Messengers wherein it is understood and agreed that it applies
This language is clear and unambiguous, and custom and practice, whatever it is claimed it may have been, cannot change the intent of the provision contained in Appendix "A". Since that agreement was entered into, the work of handling mail and baggage has never been the exclusive work of the Baggage and Mail messengers. See Award 4451 (Carter). Consequently, it is within the prerogative of Management to establish when the service of Baggage and Mail Messenger positions will be required based on Carrier's judgment and the requirements of the service.