NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(SUPPLEMENTAL)
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ATLANTA AND WEST POINT RAIL ROAD COMPANY
THE WESTERN RAILWAY OF ALABAMA
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6168) that:
(1) The Carrier violated and continues to violate the rules of the Clerks' Agreement, effective May 1, 1942, as amended, at LaGrange, Georgia, when it arbitrarily and unilaterally failed and refused to afford Claimant Cashier D. H. McCrary preference to perform the regular work attachei to his position on Tuesday, February 22, 1966 (one of the regularly scheduled holidays as per Rule 39), but permitted an employe junior in :ervice to perform this work, and that, therefore:
(2) Claimant Cashier D. H, McCrary shall not be compensated for once (1) day's pay at penalty rate on Tuesday, February 22, 1966 at the rate of his regular position.
EMPLOYES' STATEMENT OF FACTS: February 26, 1966 Vice General Chairman S. S. Shepard filed a claim with Trainmaster J. H. Zachry, copy of which is self explanatory, and is hereto attached and identified as Employes' Exhibit No. 1.
Attached are copies of bulletin of May 1, 1961 and May 8, 1961 wherein the duties of the junior c'erk, in this case Mrs. Wauline S, Moncrief, are outlined. These bulletins are designated as No. 2 and 2A respectively.
March 21, 1966 Trairmaster J. H. Zachry replied to Vice General Chairman's claim of February 26th and admitted in his letter that Mrs. Moncrief, the junior employe in this case, was called back to work her regular assignment and, in connection therewith, performed the work herein protested, and copy of Mr. Zachry's letter is hereto attached and identified as Employes' Exhibit No. 3.
March 26, 1966, the Vice General Chairman rejected Trainmaster J. H. Zachry's decision as outlined therein, Employes' Exhibit No. 4.
Claim has been declined on the basis of Third Division rulings that if claimant has the exclusive right to specific work on a Monday-Friday basis, he also has the right to perform such work on a holiday, if it is performed at all; and the fact that there has been no violation of the currently effective working agreement.
OPINION OF BOARD: It is the claim of the Employes that Carrier violated the Agreement in that Claimant is the regular employe as is contemplated by the agreement and in the absence of an extra or unassigned employe who will otherwise not have worked forty hours that week, is the employe who is entitled to be called on the holiday in question in preference to any other clerk.
Petitioner asserts that Claimant performs the vast bulk of billing pulpwood cars during his regularly assigned Monday through Friday duties whereas the other employes of the office force at LaGrange, including the Yard Clerk who worked the holiday in preference to Claimant, perform only morning duties assigned to this position. Because Claimant performs the bulk of pulpwood billing, supra, Claimant is therefore the regular employe as contemplated by the above cited rules.
A review of the record in this case and upon consideration of the awards. and arguments presented by the parties we find that there is no question that the Yard Clerk performed billing work, normally done by the Claimant, on February 22, 1966. The record further shows that the Yard Clerk and the Agent had been so assigned and did this work on Saturdays and on Holidays since 1961, See Award 1495.1.
There is no denial that the Yard Clerk and the Agent had performed all necessary clerical work, including pulpwood billing on Saturdays and Holidays prior to February 22, 1966. This is not nominal or assistance work as alleged by the Petitioner but is a part of the regular Saturday work assigned.
The record does not support Employe's position that by Claimant performing the bulk of the pulpwood billing said duties belonged to him exclusively and thus the sole employe entitled to perform it Holidays. On the contrary, the record shows in addition to the performance of said duties by the Yard Clerk and the Agent that these duties at various times were also performed by the bill clerk and cashier on a Monday-Friday basis.