BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL 5415) that:
1. Carrier violated and continues to violate the Clerks' Rules Agreement when it abolished Clerk Position No. 6535 at Port Angeles, Washington and unilaterally transferred work formerly assigned to clerical positions and performed by clerical employes to the Agent, an employe outside the Clerks' Agreement.
2. Carrier shall return the clerical work at Port Angeles to the scope and application of the Clerks' Agreement and the employes covered thereby.
3. Carrier shall compensate furloughed employe M. J. Shaw for eight (8) hours at the rate of Clerk Position No. 6535 for each day the Agent performs such clerical work retroactive sixty (60) days from June 26, 1962, and for each day subsequent thereto that the violation continues.
EMPLOYES' STATEMENT OF FACTS: Prior to April 12, 1962 the station force at Port Angeles, Washington consisted of the following:
On November 6, 1961, due to the Agent taking over the duties of the Cashier position, the occupant of that position at that time, Employe Robert Davidson, wrote the Agent, Mr. E. R. Emanuel, the following letter:
The first Agreement with the Clerks' Organization on this property became effective January 1, 1920 or, in other words, almost 17 years after the first Telegraphers' Agreement and 2 years after Port Angeles first appeared in the Telegraphers' Agreement revised effective October 1, 1918, and has subsequently been revised on February 1, 1922, November 1, 1929, January 16, 1946 and September 1, 1949.
Clerk Position No. 6535 was established at Port Angeles, Washington for the express purpose of assisting the Agent and/or Operators in the performance of that part of the station work which, because of the volume then involved, the Agent and/or Operators were unable to perform.
Prior to April 13, 1962, therefore, the Carrier maintained a station force at Port Angeles, Washington which consisted of:
However, when the station work in excess of the capacity of the Agent or, in other words, the portion participated in by the clerk, ceased to exist, the need of the Agent for the assistance of the clerk also ceased to exist and Clerk Position No. 6535 was abolished April 13, 1962.
There is attached as Carrier's Exhibit "A" copy of letter written by Mr. S. W. Amour, Assistant to Vice President, to Mr. H. V. Gilligan, General Chairman, under date of November 13, 1962.
OPINION OF BOARD: Carrier did not raise the Time Limit Rule issue on the property. By reason of the decisions of the National Disputes Committee, non-compliance with Article V of the August 21, 1954 National Agreement is waived where neither or both parties failed to raise the question on the property. For this reason, the claim must be adjudicated on the merits.
Prior to April 13, 1962, the station personnel at Port Angeles, Washington, consisted of Agent, Cashier Position No. 6534, and Clerk Position No. 6535. Effective on that date, Clerk Position No. 6535 was abolished.
The record shows that the work which the Clerk had done was work which the Agent had delegated to him and was work which the Agent had always performed. It was not work which by history, custom and practice, had been performed solely by employes covered by the Clerks' Agreement.
It is a well settled principle that the burden of establishing facts to sustain a valid claim rests with the Petitioner. The Employes have failed to meet this