OPINION OF BOARD: The issue to be resolved is whether employes not covered by the Clerks' Agreement performed work in violation of that Agreement.
Rule I -Scope lists job classifications of positions that belong to employes covered by the Agreement. It does not define nor does it describe the work. In the absence of such definition or description, it is necessary for the Petitioner to show that this work belongs exclusively to Claimants.
Petitioner alleges that "Mail for delivery to Star Route trucks departing Bluefield between the hours of 11:30 P. M. and 6:30 A. M. was handled in one of the two ways." In some instances Station Attendants loaded a Post Office Department truck before going off duty at 11:30 P. M. which would be taken by a Post Office Department employe to the Star Route trucks. At other times "the Star Route trucks were placed for loading at the Passenger Station and were loaded by the Station Attendants prior to going off duty at 11:30 P. M. After loading, the Station Attendants locked the trucks, which remained at the Passenger Station until the Star Route Truck drivers reported at the designated time between the hours of 11:30 P. M. and 6:30 A. M. and started their regular mail runs."
Carrier categorically denies that Station Attendants loaded the Star Route trucks and left the loaded trucks unprotected at night. On the contrary, Carrier alleges that prior to February 27, 1961, Station Attendants pulled loaded station platform trucks into the mail storage room for overnight storage and delivery to mail trucks the following day, or that Station Attendants pulled them about 30 to 40 feet to a loading platform. At times Station Attendants handed pouches of mail from Station platform trucks to the drivers of the mail truck and at other times the truck drivers alone transferred the mail pouches from the station platform trucks to the mail trucks.
Station Attendants did not always assist in loading the mail trucks, nor did they always pull the platform trucks to the loading platform. Since February 27, 1961, on orders from the Post Office Department, drivers of the mail trucks pick up the mail left in the storage room and load the mail on the trucks. This is done when no Station Attendants are on duty. There was no force reduction.
The burden of establishing the fact that Station Attendants had exclusively loaded the Star Route trucks or exclusively pull the platform truck to the loading platform rests with the Petitioner. This it has failed to do. The claim must, accordingly, be denied.
In its Rebuttal Submission, Petitioner, for the first time, has attached statements of five Station Attendants alleging that prior to February 27, 1961, Star Route truck drivers did not enter the mail storage room and pull loaded platform trucks to the loading platform. This was not presented by the Petitioner on the property. Or. the basis of the provisions of Circular No. 1 and the numerous awards of this Division, they may not now be considered.
FINDINGS: 'The Third Division of the Adjustment Board, 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