BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5760) that:
EMPLOYES' STATEMENT OF FACTS: The Carrier maintains an ore yard for the handling and sorting of iron ore cars at Proctor, Minnesota, where consolidation of movement of iron ore by rail car from the mining area to Carrier's Iron Ore Dock is handled. Carrier maintains clerical positions, bulletined as Ore Sorter assignments seven (7) days per week on a three (3) shift operation, for the performance of work incidental to the Ore Sorter's position in the handling of the iron ore movement by rail through the Proctor Ore Yard.
Claimant Miller was regularly assigned 11:00 P. M. to 7:00 A. M. five (5) days per week to an Ore Sorter position with rest day relief provided for claimant's two (2) regularly assigned rest days. On April 15, 1964, the date of claim, the rest day relief employe who was regularly assigned to work the Ore Sorter assignment on one of claimant's days of rest, notified the proper officer of the Carrier that due to sickness he would not be able to report to work on his assignment. As result of the rest day relief employe laying-off sick, the Ore Sorter position on the date and shift claimed, was not filled by an employe of this Craft and Class, and the work of the position was performed by Yardmasters, Carrier employes not of this Craft and Class.
Claimant Miller was available at home for call to perform the work on the date claimed and was the proper incumbent to be used under the provisions
mitteeman a leader in the proposed bolt, was suspended from office in the union on October 13, 1963. (Copy of the Duluth Herald news item dated Thursday, March 26, 1964 is attached and marked as Carrier's Exhibit A). (Copy of Grand Lodge Representative E. L. Roer's letter dated November 15, 1963 to all members of Lodges 412, 413 and 420, explaining the suspension of the Local Officers is attached and marked as Carrier's Exhibit B).
On April 15, 1964, the dissident group of employes remained away from work commencing with the first shift at 7:00 A. M. and throughout the day, alleging illness. During this period, the Carrier's supervisors took over the work of the "sick" employes and made every attempt to secure available employes to fill the vacancies caused by the employes off account alleged illness. Claimant Miller was assigned to an Ore Sorter position on a work week with Wednesday and Thursday as rest days. The supervisors were aware of claimant's activities and it was known that he would not have responded to work the circumstances.
The claim has been handled on the property in accordance with the time liimt on claims agreement. Copies of the correspondence involved in the handling of the case on the property is attached and marked as Carrier's Exhibit C.
OPINION OF BOARD: In April 1964 Claimant occupied a regular third trick assignment of Ore Sorter at Proctor, Minnesota, where Carrier maintains a seven-day ore yard, sorting, and ore dock operation.
In support of the claim, it is asserted that on the date in question the relief sorter notified the proper officer of the Carrier that due to sickness he would not be able to report to work on his assignment, and that the Ore Sorter position on that shift was not filled by an employe covered by the Clerks' Agreement. The facts of record do not support the claim.
On April 15, 1964, commencing with the first shift at 7:00 A. M., and continuing throughout the second and third shifts, a large number of clerical employes remained away from their assignments by calling in and reporting off "due to sickness."
It is crystal clear from the ample evidence submitted by Carrier that the unauthorized "sick strike" created an emergency which Carrier had to meet by using supervisory personnel in order to protect the requirements of the ore yard operation.
This Board has held in numerous decisions that greater latitude of judgment is allowed in emergency cases.
We are satisfied from the record before us that Carrier's officer acted in a prudent and good faith manner to meet the emergency, and we will therefore deny the Claim.