NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC
RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(a) Carrier violated the Agreement at Rockwood, Tennessee,
when it required or allowed Trainmaster L. T. Mitchell, not covered
by the Agreement, to perform work belonging to and previously
performed by employes covered by the Clerks' Agreement.
(b) Mr. B. M. Johnson, Extra Clerk, shall be compensated for
eight hours at the proper pro rata rate for Friday, June 26, 1964.
EMPLOYES' STATEMENT OF FACTS: This dispute is between the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes as the representative of the Class or Craft of employes
in which the claimant in this case held seniority and the Southern Railway
Company.
Mr. B. M. Johnson is carried on the Southern Railway System, CNO & TP
Seniority Roster, Group 1, Clerks, Somerset, Kentucky, with a seniority date
of December 14, 1962.
Division Chairman, Mr. T. G. Carson, filed the initial claim in this case
on July 5, 1964, Employes' Exhibit A, and stated:
"Claim is hereby filed for and on behalf of Mr. B. M. Johnson,
extra clerk, Rockwood, Tennessee for pay for eight (8) hours at
pro rata rate for Friday, June 26, 1964, account Trainmaster L. T.
Mitchell performing clerical work at Rockwood, Tennessee in that
Mr. Mitchell checked a cut of cars twenty (20) in number out of Roane
Electric Plant, Rockwood, Tennessee, this cut of cars was then
switched by train No. 68 on same date.
This is work that was performed by the clerical employe at
Rockwood before the position was abolished.
"RULE 1. SCOPE
(Revised, effective October 1, 1938)
These rules shall govern the hours of service and working conditions of employes described in the following respective groups in
general and district offices, and similar employes in offices and
operations under jurisdiction of other officers and subordinate officers
in the various departments of each of the Carriers named in the
caption of this agreement:
Group 1. Clerks-
(a) Clerical Workers, and
(b) Machine Operators, all as hereinafter defined in Rule 2.
+ s x a e
It is understood and agreed that the hours of service and working conditions of employes embraced in each respective group above
are subject to the specifications and exceptions hereinafter contained
in various rules of this schedule.
Wk ~ ys :k m
"RULE 7.
EXTRA YARD CLERKS
(a) (Revised, effective September 1, 1949.) Where necessary,
extra clerks may be employed on the following basis:
(1) At yard offices, one extra clerk may be allowed to every
five regular positions. If employed as above, an extra board will be
maintained showing the seniority of extra clerks. Such extra clerks
will accumulate seniority to yard office positions only; and when
assigned by bulletin to a regular position on seniority district will
be allowed their accumulated seniority on the division roster.
In filling temporary vacancies in yard clerical positions, or in
protecting extra clerical work at yards, at points where an extra
board is established as provided above, extra yard clerks will work
first-in, first-out, regardless of their seniority standing. They shall be
paid only for days actually worked.
The work week for employes covered by this Rule 7 shall be a
period of seven consecutive days starting with Monday. An extra
yard clerk cannot claim extra service after working forty (40)
hours consisting of five (5) eight (8) hour shifts in any work week
starting with Monday if another extra or furloughed clerk who has
not worked forty (40) hours in that work week is available.
sax~r.
OPINION OF BOARD:
Effective December, 1963, the position of Clerk
was abolished at Rockwood, Tennessee due to a substantial reduction in the
volume of agency work. The incumbent of that position was given another
clerical position at Cincinnati. Subsequent to December, 1963, the remaining
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employe at Rockwood, the Station Agent, performed all the necessary agency
work.
In June, 1964, Trainmaster Mitchell, an officer of the Carrier, was at
Rockwood observing the handling of some rail and croasties, as well as
exercising his normal supervisory functions. While at the Roane Electric
Company, the Trainmaster copied the numbers of some 20 outbound cars
in the industry's yard and later gave this list to the Rockwood Station Agent.
Had the Trainmaster not given the Agent this list, the Agent would have
copied the initials and numbers as the cars were pulled past the depot. On
the claim date, claimant was working a vacation vacancy as yard clerk at
Oakdale.
The Organization contends that the Trainmaster, by copying the numbers
of a cut of 20 cars and turning them over to the Agent, was in fact performing clerical work, and that this was work performed by the clerical employe
at Rockwood before the position was abolished. Petitioner alleges violation of
Rule I (Scope Rule) and Rule 7- (Extra Yard Clerks).
There are other issues raised in the record,
which for
the purposes of
this decision, we need not allude to nor consider. The fact is that on the
date in question, no clerical position existed at Rockwood and all agency
work at that one-man station belonged to the agent. The Scope Rule is general
in nature and does not confer an exclusive right to this particular work to
the classification of employe such as the claimant. Furthermore, Rule 7 is
simply not applicable to this dispute.
The Trainmaster in this case was performing his supervisory functions
in copying the car numbers for his own purposes. When he was finished with
the list, he gave it to the Agent. This at best, is an isolated instance, and
to be sure, if this was a routine to be performed on a regular, systematic
basis, petitioner might have more substance to his claim, but confronted with
the factual situation as evidenced by the record, we will deny the claim for
lack of proof.
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 Agreement was not violated.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 28th day of July 1967.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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