NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Daniel House, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
TEXAS PACIFIC-MISSOURI PACIFIC TERMINAL
RAILROAD OF NEW ORLEANS
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6263) that:
(a) The Carrier violated the rules of the Clerks' Agreement
when on April 10, 1966, it failed to call Thomas Garcia on Sunday to
perform work which is regularly assigned to his position of Chief
Yard Clerk,
Westwego, Louisiana,
and improperly permitted Yard
Clerk, Avondale, Louisiana, R. A. Lanassa to perform claimant's
duties.
(b) Mr. Garcia shall be paid 8 hours at the time and one-half
rate for April 10, 1966.
EMPLOYES' STATEMENT OF FACTS:
Mr. Garcia is assigned to the
5-day position of Chief Yard Clerk at
Westwego, Louisiana,
with assigned
hours 6 A. M. to 2 P. M., rest days Saturday and Sunday. The Chief Yard
Clerk is the only assigned clerical position at
Westwego and
among other
duties is
exclusively assigned
the work of weighing cars during his work
week Monday
through Friday. Regular relief is not provided for the Chief
Clerk position on the assigned rest days
thereof, therefore, there
is no clerk
on duty at Westwego on Saturdays and Sundays.
Mr. R. S. Lanassa is assigned to a seven-day Yard Clerk position at
Avondale, Louisiana, which is
three miles
from Westwego. His assigned hours
are 7 A. M. to 3 P. M. with rest days Tuesday and Wednesday and such rest
days are filled by a regular assigned relief position.
Under date of April 10, 1966 at 9 A. M., Mr. Lanassa was required to suspend work on his own assignment at Avondale and sent to Westwego on the
switch engine to weigh twelve (12) cars.
Reference to your letter of September 6, 1966, File TP-MP 209,
appealing claim of Chief Yard Clerk Thomas Garcia, Westwego,
Louisiana for 8 hours at the time and one-half rate of pay April 10,
1966, because clerk at Avondale, Louisiana being required to perform
service at Westwego during claimant's rest day.
This claim results from the performance of a small amount of
work at Westwego by the clerk at Avondale, because the track scale
in Avondale Yard became inoperative and the cars had to be weighed
at Westwego before forwarding.
There is nothing in the Agreement that ;prohibits the utilization
of employes in this manner where the work is all of the same nature,
on the same seniority district. The Yard Clerk at Avondale may perform any duties at Westwego that the clerks are permitted to do
under the Agreement. Certainly there is nothing in the Agreement
which sets
up boundaries within a seniority district which an employe
must work, thereby restricting the employes to a particular location.
In view of the foregoing, claim is without merit or rule support
and is respectfully declined.
Yours truly,
/s/ O. B. Sayers"
8. There is a companion claim filed by the Clerks' Organization in behalf
of Clerk Lanassa, who went from Avondale to Westwego to perform this
small amount of work,
which claim
is covered by the Employes' file GL-6262 and
which has also been submitted to this Board under date of April 7, 1967. A
separate ex parte 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'%
miles away, where they could be weighed by the scale there. Claimant Garcia,
a Chief Yard Clerk, was the only assigned clerical employe at Westwego and
was off that day on his assigned rest day; on his regular work days he performs all of the weighing required at Westwego. On this day, Carrier required
the Yard Clerk who normally would have weighed the cars at Avondale to
go to Westwego during his regular hours to weigh the cars there. Brotherhood
claims that Carrier violated the Agreement, particularly Rule 10(f), in failing
to assign the work to Claimant in the absence of any eligible extra or
unassigned employe; Rule 10(f) reads:
"(f) Work on Unassigned Days. Where work is required by the
Carrier to be performed on a day
which is
not a part of any assignment, it may be performed by an available extra or unassigned
employe who will otherwise not have forty (40) hours of work that
week; in all other cases by the regular employe."
There was no dispute that Claimant was the regular employs whose work
normally included the weighing of cars at Westwego. Under the circumstances
here, the assignment of such work on his rest day to anyone other than an
eligible extra or unassigned employe violated Rule 10(f).
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Brotherhood claims that Carrier should be required to pay Claimant
eight hours at time and one-half. We find that Claimant should have been
called for the Sunday work involved.
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 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 26th day of March, 1969.
$eenan Printing
CO.,
Chicago, Ill. Printed in U.S.A.
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