NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John H. Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
STATEMENT OF CLAIM: Claim. of the System Committee of the
Brotherhood (GL-5691) that:
(a) Carrier violated and continues to violate the Agreement
between the parties effective October 1, 1940, as amended, when it
removed the physical handling of its LCL rail-billed freight from the
scope and operation thereof at the 5th and Kirkham Streets Freight
Station, Oakland, California, and assigned it to Pacific Motor Trucking Company employes, which employes do not have seniority rights
thereunder; and,
(b) Carrier shall now be required to restore said work to the
scope and operation of the Agreement and compensate unassigned
employes Edward Grondona, Gilbert Rodgers and Fred Rafael eight
hours' pay each for Tuesday, March 7, 1961, and unassigned employes
Gilbert Rodgers, James Crawford and Benjamin Robinson and their
substitutes and/or suco=_ssors in seniority order on the unassigned
list, eight (8) hours' additional compensation each for Wednesday,
March 8 1961, and each date thereafter that they are not permitted
to unload rail billed LCL freight from piggy-back vans when, instead Pacific Motor Trucking Company employes not covered by
the Agreement are required or permitted to unload such freight.
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement bearing effective date October 1, 1.940, reprinted May 2, 1955, including revisions (hereinafter referred to as the Agreement), between the Southern Pacific Company (Pacific Lines) (hereinafter referred to as the Carrier)
and its employes represented by the Brotherhood of Railway and Steamship
Clerks, Freight Handlers, Express and Station Employes (hereinafter referred to as the Employes) which Agreement is on file with this Board and
by reference thereto is hereby made a, part of this dispute.
cessors or substitutes, if any, for eight (8) hours' compensation for
Wednesday, March 8. 1961, and for each and every day subsequent
thereto and continuing until such time that less than carload freight
moving on rail billing through Portland, Oregon which is transferred
to vans at Portland and moved to Oakland via van, are spotted for
checking and unloadirg at 5th and Kirkham Street, by Southern Pacific employes covered', by the scope and rules of the Clerks' Agreement."
By letter dated May 12, 1961 (Carrier's Exhibit D), Division Superintendent denied the claim. That letter reads, in part, as follows:
"This was simply a case of trucking company employes transferring freight in its possession into trailer-on-flat-car equipment
prior to delivery to the carrier, which does not involve or contravene
any provision of the Clerks' Agreement.
Claim is not supported by any provision of the Clerks' Agreement, and is denied."
Copies of subsequent correspondence exchanged between Division Chairman and Division Superintendent are attached as Carrier's Exhibit E.
6. By letter dated July 10, 1961. (Carrier's Exhibit F), Petitioner's
General Chairman appealed the claim to Carrier's Assistant Manager of Personnel, and advised as follows:
We contend that these were LCL, rail-billed shipments,
intended to continue in rail service, and the Agreement reserves the
rights of employes covered by the Scope and Rules of the Clerks'
Agreement to handle Southern Pacific LCL, rail-billed freight. For
these reasons, therefore, we hold the claim is justified and compensable."
By letter dated December 4, 1961 (Carrier's Exhibit G), Carrier's Assistant Manager of Personnel denied the claim, and advised as follows:
"As stated to you in conference, this was simply a case of transferring less than carload freight by trucking company employes
from trucking equipment received in trailer on flat car service to
other trucks for further handling or local delivery, which did not
involve or contravene any provision of the Clerks' Agreement"
(Exhibits not reproduced.)
OPINION OF BOARD:
This case involves the same parties, Agreement
and pivotal issue of alleged violation as in Award 15545. For reasons stated
in that Award we will deny the instant Claim.
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;
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That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 5th day of May 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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