STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5435) that
EMPLOYES' STATEMENT OF FACTS: 1. Prior to August 14, 1962 there were three positions of Clerk-caller, fully covered by the Clerk's Agreement, at the Carrier's Augusta, Georgia shops and roundhouse. The ClerkCallers assigned hours were respectively: 7:00 A. M. to 3:00 P. M., 3:00 P. M. to 11:00 P. M. and 11:00 P. M. to 7:00 A. M. Rest days of the three positions were included in relief assignments, so that a Clerk-Caller was on duty twentyfour hours a day, seven days a week. By bulletin No. 3549, dated August 6, 1962 the Carrier claimed to abolish all Clerk-Caller assignments, and to advertise three "new" positions of Clerk-Caller (Employe's Exhibit A-1).
By bulletins dated August 14 and 24, 1962 the hours of assignment of the three Clerk-Caller positions were changed. (Employes' Exhibit A-2 and A-3). The Clerk-Caller assignments then became:
always been the practice of the foremen to handle crew assignments, making note of what transpired during clerk's absence and giving him the information on his return so clerk could make proper entry in his records. This procedure was followed on Saturday and Sunday when clerk was cut off. In other words, if any calling is necessary, roundhouse foreman does same and furnishes the data to second shift clerk who enters same into the records.
Petitioner has taken no exception to abolishment of first shift crew-caller and re-assignment of work on the shift, but has taken exception to foremen calling crews on Saturday and Sunday, and the claims involved herein cover Saturdays and Sundays only.
Inasmuch as the foreman is only doing what he had done in the past in the absence of clerk-caller, Carrier could see no merit to claim and it was declined at all levels on the property.
OPINION OF BOARD: It is nowhere disputed in the record that calling of crews on Saturdays and Sundays was only incidental to the work performed by the former Clerk-Callers; that calling crews took a maximum of thirty (30) minutes each on the first and second shifts and one hour on the third shift. The record also shows that, in the absence of a clerk, it has been established practice for the foreman to call crews. Thus, the calling of crews by the foreman on the first shift on Saturdays and Sundays was incidental work which foremen had performed in the past.
The Scope Rule does not define nor does it describe the work of ClerkCallers. In the absence of such a definition or description the right to call crews is determined by the history, custom and tradition on the property. The history, custom and tradition on this property is that foremen have called crews when a clerk is not available and when such work is only incidental to and is a minor part of the total work assignment.
Employes filed this claim on November 14, 1962, and it was denied by the Master Mechanic on February 19, 1963, more than sixty (60) days thereafter. Although Carrier did not comply with the provisions of Article V of the August 21, 1954 Agreement, it should be noted that this is a continuing claim and as such the liability of the Carrier is limited to, the date when the Employes received Carrier's denial. See National Disputes Committee Decision No. 16 and Awards 14603, 14502 and 14369. Thus, Carrier's liability is limited to February 20, 1963.
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
That the Carrier did not violate the Agreement, but did not comply with Article V of the August 21, 1954 Agreement as stated in the Opinion.