THIRD DIVISION
(Supplemental)
TEXAS PACIFIC-MISSOURI PACIFIC TERMINAL
RAILROAD OF NEW ORLEANS
STATEMENT OF CLAIM: Claim of the System Committee of tile Brotherhood (GL-6262) that:
(1) The Carrier maintains an Agency at Avondale, Louisiana, and one at Westwego, Louisiana. Both agencies being supervised by an Agent of the Carrier.
(2) Avondale, Louisiana and Westwego, Louisiana, are three (3) miles apart.
(4) At Avondale there is a considerable number of assigned clerical employes account this station being a continuous operating station.
(5) Claimant, Mr. Lanassa is assigned to position of Yard Clerk No. 114 located at Avondale, a seven day per week position with assigned rest days of Tuesday and Wednesday.
(6) At Westwego there is only one (1) clerical position, this being the position of Chief Yard Clerk occupied by Mr. T. Garcia. The Chief Yard Clerk position is a five (5) day per week assignment with rest days of Saturday and Sunday.
10. There is a companion claim filed by the Clerks' Organization in behalf of Clerk Garcia, who was off duty on his rest day on claim date, who the Employes contend should have been called to perform this small amount of work at Westwego. That claim is covered by the Employes' file No. GL-6263 and has also been submitted to this Board under date of April 7, 1967. A separate ex parts brief will be submitted for the latter case.
OPINION OF BOARD: On April 10, 1966, the scale at Avondale was out of adjustment; the cars to be weighed were switched to Westwego, some 3'/x miles away, where they could be weighed. The only assigned clerical employe at Westwego who on his regular work days normally performed the weighing required at Westwego, was on his assigned rest day on April 10th. Claimant Lanassa, the Yard Clerk at Avondale who would have weighed the cars at Avondale bad the scale not been out, was required to go to Westwego during his regular hours and weigh the cars there instead. Claimant Lanassa and Garcia, the Chief Yard Clerk at Westwego, who filed a claim arising out of the same facts and which is dealt with in another award simultaneously herewith, are in the same seniority district.
Brotherhood contends that Carrier breached the Agreement by requiring Claimant Lanassa to vacate his regularly assigned position. But the facts do not show that he was required to vacate his position nor that any of the sections of the Agreement cited by the Brotherhood in connection with this claim was breached.
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;