__Award No. 15997
Docket No. CL-16140
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Bill Heskett, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-5952) that:
(1) Carrier violated, and continues to violate, the Clerks' Rules
Agreement at Savanna, Illinois when it established a position in the
Superintendent's Office to perform work comparable to that of a Car
Distributor and unilaterally assigned such work to an employe outside the scope and application of that Agreement.
(2) Carrier shall be required to bulletin this position to employes
in Seniority District No. 32at a rate of pay established by agreement between the parties.
(3) Carrier shall be required to compensate the successful
bidder the difference in the rate of pay between what he would have
earned had this position been bulletined in accordance with the Rules
Agreement and the position held, retroactive 60 days from March 1,
1965 and for all subsequent days until the violation is corrected and
the position is bulletined and assigned in line with the provisions of
the Clerks' Rules Agreement.
EMPLOYES' STATEMENT OF FACTS:
Car Distributor positions, where
such positions have been established and maintained, are positions fully covered
by all rules of the Clerks' Agreement. The duties of such positions consist of
distributing of equipment, preparing necessary reports, maintaining records
and other related clerical work.
The Carrier has established, or is in the process of establishing, positions
of "Special Representative to the Superintendent" in the Offices of the various
Superintendents over the property, and assigns thereto the work of distributing
cars and related work.
Attached
hereto as
Carrier's Exhibits are copies of the following letters
and notarized
statements:
CARRIER'S EXHIBIT
A-Letter written
by Mr. S. W.
Amour, Assistant to Vice President, to Mr. H. C. Hopper,
Acting
General Chairman,
under date of July 21, 1965.
CARRIER'S EXHIBIT B -Letter written by Mr. Amour to
Mr. H. V. Gilligan, General Chairman, under date of
January 7,1966.
CARRIER'S EXHIBIT
C-Letter written
by Mr. Amour to
Mr. Gilligan under date of February 14, 1966.
CARRIER'S EXHIBIT D-Letter written by Mr. Amour to
Mr. Gilligan under date of February 18, 1966.
CARRIER'S EXHIBIT E-Letter written by Mr. Amour,
Vice President-Labor Relations, to Mr. Gilligan under
date of March 9, 1966.
CARRIER'S EXHIBIT F- Notarized
statement from
R. 1.
Miskimins, former Manager of Equipment Utilization in
the Transportation Department and former Special
Representative to
the Superintendent at St. Paul, Minnesota and now Special Assistant to
General Superin
tendent of Transportation.
CARRIER'S EXHIBIT G-Notarized
statement from
Mr.
R. 1. Miskimins, former Manager of Equipment Utilization in the Transportation Department and former Special
Representative to
the Superintendent at St. Paul, Minnesota and now Special Assistant to General Superintendent of Transportation.
CARRIER'S EXHIBIT H-Notarized statement dated February 24, 1966 from Mr. D. F. Walker, Assistant to Superintendent at St. Paul, Minnesota (title changed from
Special
Representative to
the Superintendent).
CARRIER'S EXHIBIT I -Notarized
statement dated
February 25, 1966 from Mr. E. R. Flaherty,
present occupant
of Car Distributor Position 1005 at St. Paul, Minnesota.
CARRIER'S EXHIBIT J-Notarized statement from Mr.
J. D. Wise, Assistant to Superintendent at Tacoma, Washington (title changed from Special Representative to
the Superintendent).
(Exhibits not reproduced.)
OPINION OF BOARD:
This case involves the same parties and issues
as in Award Nos. 14682 and 15014. The following language from those Awards
is equally applicable to the instant case:
15997
"The record does not reveal the particular work or the amount
of it allegedly wrongfully taken from clerks. Clerks' Submission consist only of statements of ultimate facts not proven by substantial
evidence of probative value. The burden of proof is Clerks. It failed
to satisfy the burden. We, therefore, must deny the
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim fails for lack of proof.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 8th day of December 1967.
Keenan Printing Co., Chicago, III.
15997 6