Docket No. CL-15698
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Levi M. Ball, Referee
PARTIES TO
DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-5765) that:
(1) The Carrier violated the Clerks' current Agreement when
it abolished the position of Chief Clerk in Miller Yards, Dallas, Texas,
on Saturday and Sunday of each week, June 6, 1964, and subsequent
dates, and required Line Desk Clerks to perform the duties of the
Chief Clerk.
(2) That Mr. J. J. Jarvis be compensated at the pro rata rate of
$22.16 per eight hour day instead of $20.90, or an additional $1.26 each
Saturday beginning June 6, 1964, until the violation is corrected.
(3) That Mr. R. R. DeBorde be compensated at the pro rata
rate of $22.16 per eight hour day instead of $20.90, or an additional
$1.26 for each Sunday beginning June 7, 1964, until the violation is
corrected.
(4) That Mr. L. M. Cave be compensated eight hours at the time
and one-half rate of Chief Clerk, $22.16 per eight hour day each
Saturday and Sunday beginning June 6, 1964, until the violation is
corrected.
EMPLOYES' STATEMENT OF FACTS: Mr. J. J. Jarvis is regularly
assigned to Line Desk No. 4 position, 7:59 A. M., to 3:59 P. M., Tuesday
through Saturday, with rest days Sunday and Monday, rate $20.90.
Mr. R. R. DeBorde is regularly assigned to Relief Position No. 1, working
Friday and Saturday IBM General Clerk No. 2, rate $21.32, Sunday and Monday Line Desk Clerk No. 4, rate $20.90, and Tuesday IBM Night Chief Clerk
No. 1, rate $21.68.
Mr. L. M. Cave is regularly assigned to Chief Clerk 7:59 A. M. to 4:59
P. M., rate $22.16 Monday through Friday, Saturday and Sunday rest days.
Line Desk assignment and Relief Clerk assignment should receive rate of
Chief Clerk on Saturday and Sunday and that the Chief Clerk had right to
perform such work and should be paid on such days.
Exhibits 1 to 3, inclusive, are attached hereto and made a part hereof.
The applicable schedule agreement is that effective April 1, 1946, reprinted
January 1, 1963, copy of which is on file with the Board.
(Exhibits not reproduced.)
OPINION OF BOARD:
It is the contention of Claimants that the Carrier
unilaterally abolished the Chief Clerk position on Saturday and Sunday and
assigned its work to lower rated positions-Line Desk Clerks. In its denial
of the claim, Carrier maintains that Line Desk Clerks did not perform any
of the Chief Clerk's work.
It is questionable from the evidence adduced in the record as to what, if
any, of the Chief Clerk's work, the Line Desk Clerks were required to perform. From a review of the entire record we are convinced that Petitioner
has not sustained the burden of proof required, as set forth by numerous
awards of this Board. One of the later awards is Award 14991.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 Agreement has not been violated.
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
15224 4