NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Jan Eric Cartwright, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6318) that:
(a) Carrier violated the Agreement at Greenville, South Carolina,
when it took the work of relief Crew Calling on Sundays from Mr.
Bryce P. Smith, Extra Crew Caller, and assigned the work to Group 1
Clerks.
(b) Mr. Smith shall be compensated at the pro rata rate of Crew
Caller for each Sunday, August 15, 22, 29, September 5, 12, 19, 26,
October 3 and 17, 1965.
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 holds position and the Southern Railway
Company.
Mr. Bryce P. Smith is carrier on the Southern Railway System, Eastern
Lines, Charlotte-Columbia Division, Charlotte District, Seniority RosterGroup 3 Crew Callers-Messenger, with a seniority date of March 14, 1951.
He, at the time of this claim, had been an employe of the Southern Railway
Company for more than fourteen (14) years.
For many years there were three shifts of Crew Caller Messengers at
Greenville, South Carolina. Mr. Bryce P. Smith was regularly assigned to the
third shift Crew Caller-Messenger assignment until it was abolished, leaving
two shifts, first and second, with four (4) days relief work each week which
was performed by Mr. Smith.
Due to a reduction in the number of crews necessary to be called at
Greenville, the work of bulletining train and engine service vacancies on the
South End, Charlotte Division, which is Group 1 clerical work, was assigned
to Crew Callers. Claim was filed for this violation of our Agreement and is
DEFINITION OF EACH
GROUP OF EMPLOYES AS
COVERED BY RESPECTIVE SECTIONS
OF SCOPE RULES.
(a) (Revised, effective October 1, 1938) Clerical WorkersEmployes who regularly devote not less than four (4) hours per day
to the writing and calculating incident to keeping records and accounts, rendition of bills, reports and statements, handling of correspondence and similar work, including Depot Ticket Agents and
Depot Baggage Agents.
* * * *
(d) (Effective October 1, 1938) Other Office and Station Employes-Office boys, messengers, chore boys, train announcers,
gatemen, train
and engine crew callers, caller-bus drivers (except
exclusive bus drivers other than those at Knoxville, Tennessee, covered
by supplemental agreement on page 72), telephone switchboard operators, office building and station watchmen other than those having
police authority, and operators of certain office or station appliances and devices not requiring special skill or training such as those
for duplicating letters and statements, perforating papers, addressing
envelopes, numbering claims and other papers, adjusting dictaphone
cylinders and work of like nature; employes gathering mail or other
similar work not requiring clerical ability."
"RULE 3-EFFECTIVE DATE
(Revised, effective October 1, 1938)
This agreement becomes effective October 1, 1938, and supersedes
and cancels all former agreements but does not, unless rules are
specifically changed, alter practices or working conditions established
by or under former agreements."
Supplements not
reproduced.
OPINION OF BOARD:
Claimant, an Extra Crew Caller and a Group No.
3 Employe, worked Thursday and Friday 9:00 P. M. to 6:00 A. M., Saturday
and Sunday 7:00 A. M. to 4:00 P. M., a four-day week. Carrier changed Claimant's hours to 9:00 P. M. to 6:00 A. M., Thursday, Friday, and Saturday, a
three day week, and assigned a Yard Clerk, a Group No. 1 Employe, then
working 7:00 A. M. to 3:00 P. M. Sundays, to relieve the Crew Caller Sundays
7:00 A. M. to 4:00 P. M.
Prior thereto, the Carrier had agreed that Claimant's position of Crew
Caller would remain in Group No. 3 until vacated by him, after which the
position would be designated a Group No. 1 clerical position.
(Letter Agree
ment of July 14, 1965.)
Carrier contends no violation occurred
because the
Extra Crew Caller
was not needed and that the position was primarily Group No. 1 clerical work.
16878 10
Due to the prior Letter Agreement of the Carrier the Board finds that
e violation has occurred anti that the claim should be allowed.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and 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 violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of January, 1969.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
16978 It