THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL 6413) that:
EMPLOYES' STATEMENT OF FACTS: On March 7 and 8, 1967, Mr. D. C. Hart was an extra, unassigned clerk on the Group 1 seniority roster of The Dayton Union Railway Company. (Employes' Exhibit A). He was the senior employe not holding a regular assignment.
Position No. 4 at The Dayton Union Railway Company, a Group 1 position, became vacant on March 7 and 8, 1967 due to a death in the family of the incumbent. Position is classified as "Ticket Seller" and is rated at $24.95 per day.
On March 7, 1967, A. G. Reed was removed from his regular assignment and required by the Carrier to work vacancy on Position No. 4. On March 8, 1967, Mr. Reed, on his assigned day of rest, was again used to fill vacancy on Position No. 4.
Mr. D. C. Hart on March 20, 1967, filed written claim with Mr. P. E. Poole, Superintendent-Agent, The Dayton Union Railway Company, for $24.95 per day on Position No. 4 on March 7 and 8, 1967. (Employes' Exhibit B).
Part of the duties of the position which was vacant (Mr. Conner's position) is to check and handle baggage at the baggage checking counter when the regular baggage checkman is absent account lunch period, etc. See Exhibit B, particularly Section 6.
Mr. Hart had verbally informed us that account of his delicate physical condition, he could not lift suitcases, etc., and on June 28, 1966, gave us a letter advising he would not be available for any extra work, overtime or vacation relief after July 8, 1966. See Exhibit A, letter from Mr. Hart dated June 28, 1966.
This dispute seems to be one of deciding whether Mr. Hart would be considered as an available qualified extra employe who had not had forty (40) hours of work that week.
This Carrier maintains that above rule would be applicable to Group (2) Baggage and Mail Department, where an extra board is maintained, but would not be applicable in Group (1) Ticket Office, where an extra board is not maintained.
However, for the sake of discussion, if aforementioned rule was applicable in the Ticket Office Group, Mr. Hart does not fill the requirements of being a qualified extra employe per his letter (Attachment A) in which he disqualified himself account of physical condition.
OPINION OF BOARD: This claim involves rights arising from the October 28, 1949 Agreement and the August 12, 1963 Memorandum of Agreement between the parties hereto, which Memorandum reads in part as follows:
Examination of the record reflects that prior to the dates on which the alleged violations are claimed the Claimant by letter informed his superintendent that because of his ill health he would not be available for extra work. There is no showing on the part of the Claimant that subsequent to that letter and prior to the dates of the alleged violations he informed the carrier that he was available for extra work.
Without deciding whether the Claimant was an extra unassigned employe within the terms of the memorandum we find that the carrier acted reasonably on the presentations of the Claimant in not calling him.
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