NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
HOUSTON BELT AND TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6365) that:
1. The Carrier violated and continues to violate the rules of the
Clerks' Agreement when effective January 4, 1967 it transferred the
work of making liquor report from accountant position No. 87, rate
$24.99 per day, to Steno-Clerk position No. 91, rate $23.74 per day.
2. Miss Margaret Davila shall now be allowed the difference of
$1.25 each work day beginning January 4, 1967.
EMPLOYES' STATEMENT OF FACTS: As of December 30, 1966 there
existed in the accounting department at the Crawford Street Freight Office
the following positions:
Position Rate of Pay
Chief Accountant No. 79 $28.23
Accountant No. 80 25.76
Accountant No. 81 24.99
Accountant No. 83 24.99
Accountant No. 84 24.99
Accountant No. 85 24.99
Accountant No. 86 24.99
Accountant No. 87 24.99
Prepay & Expense
Bill Clerk No. 88 25.25
Steno-Clerk No. 91 23.74
OPINION OF BOARD:
Carrier abolished an Accountant's position, the
principal duties and responsibilities of which were assigned to other Accountant
positions. One of the duties however, that of handling the liquor report was
assigned to the lower rated position of Steno-Clerk. This consumes
between
30 minutes to an hour each day. Claim has been submitted for the higher rated
pay of the Accountant position based essentially on an alleged violation of
Rule 50(a), which in pertinent parts reads:
"RULE 50(a).
PRESERVATION OF RATES
Employes temporarily or permanently assigned to higher rated
positions or work shall receive the higher rates for the full day
while occupying such position or performing such work; employes
temporarily assigned to lower rated positions or work shall not have
their rates reduced."
The same issue involving for all practical
intents and purposes the same
Rule, was considered in Award 15629. In commenting on the language of the
Rule in that case, we said:
"We do not necessarily conclude that one must assume all duties
and responsibilities, or that one must assume all the work involved.
We do conclude however that Rule 59 contemplates at least a substantial fulfillment of the position or work in order for a Claimant to collect
the higher rate of pay. To say that the performance of the work in
question was such a substantial fulfillment, when it involved approximately 2'h hours on each occasion, is tantamount to an unreasonable
construction of the rule itself."
The reasoning employed in Award 15629 is applicable to the instant case
and we accordingly adopt it. We will 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
respec
tively 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 by the Carrier.
NATIONAL RAILROAD ADJUSTMENT BOARDBy Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of August 1968.
Keenan Printing Co., Chicago, 111.
Printed in U.S.A.
16536