.6e Award No. 15552

Docket No. CL-15858

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Nathan Engelstein, Referee

TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS

(2) The Carrier now be required to pay Charles Hayden one day's pay at punitive rate account of failure to call him to perform routine Stores Department work on February 22, 1965.

H. C. Gorsuch, Storekeeper

W. E. Reany, Chief Clerk

Thomas Christopher, Clerk

W. J. Smith, Foreman

L. C. Shelton, Foreman-Derrick

Charles Hayden, Groundman-Derrick

John Hummel, Stockman

Harry Tiry, Stockman

Stanley Durawski, Stockman

John Till, Chauffeur

George Mumphard, Chauffeur

Stores Department employes to process the dray tickets and handle all the materials delivered, including those items handled by Mr. Shirley, the next day.

In consideration of all the circumstances in this case, the claim is without merit and is respectfully declined."

The wages and working conditions of the claimant in this dispute are covered by Schedule Agreement between the parties effective January 1, 1950, copy of which is on file with this Division of the National Railroad Adjustment Board.

(Exhibits not reproduced.)

OPINION OF BOARD: On Washington's Birthday, February 22, 1965, a legal holiday, Carrier blanked the positions of the work force at its Brooklyn Store. Five companies from whom Carrier purchased merchandise, however, made deliveries on this day. The shop watchman received the merchandise and signed the dray tickets and receipts for it. He also placed some of the lighter packages in the Store Room.

The Brotherhood contends on behalf of Charles Hayden that Carrier violated the Clerks' Agreement when it permitted the shop watchman not .subject to the Clerks' Agreement to do work which is regularly performed by members of its craft.

Carrier denies the claim, contending that the work performed by the watchman was trivial, and did not deprive any of the Stores Department employes of work, for upon their return to work from their legal holiday .absence they performed their normal duties in relation to the deliveries. Furthermore, it argues that the work in question does not belong exclusively to the clerical craft, and that the watchman of his own volition accommodated the companies making deliveries by accepting the merchandise. It also asserts that Mr. Hayden is not the proper claimant, inasmuch as be was not the next person in line to be called if there were merit to the claim.

Although Carrier blanked the Store Room employes' positions on the Washington's Birthday, this holiday is not recognized as a legal holiday by many business firms, among whom were those who made deliveries of merchandise that Carrier had previously ordered. Since Carrier failed to notify these concerns that the Brooklyn Store Room was closed, it had a responsibility to have a clerical employe on duty to receive the shipments.

The work which the shop watchman performed was work regularly done by Store Room employes subject to the Clerks' Agreement. The contention that the work under consideration was slight in amount and did not seriously affect the Store Department employes is not a valid argument that absolves Carrier from permitting other employes to perform work that belongs to the clerical craft under the Agreement.

Inasmuch as Mr. Hayden was a member of the work force at the Brooklyn Store and is the only claimant, we regard him as the proper claimant.

We hold that the Agreement was violated, and compensation as requested

That the parties waived oral hearing;

That the Agreement was violated.

AWARD