THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD
COMPANY
agreement, that effective June 1, 1965, the inbound billing, cashier, statements, and collection work involving freight presently being performed at Seymour, Naugatuck, and New Britain, all in Connecticut, would be transferred to and thereafter performed in the Central Billing Department at New Haven, Connecticut.
Copy of the April 19, 1965 notice, together with that portion of the enclosures referred to therein which pertain to Naugatuck, is attached as Carrier's Exhibit "A."
It will be noted that prior to June 1, 1965, Claimant E. L. Rahn held position of Chief Clerk at Naugatuck, with rate of $21.9224 per day. Included among his duties was the making of yard check. There also was a position of Checker, with rate of $21.2024, which was abolished effective May 31, and a position of Laborer, with rate of $2.5368 per hour ($20.2944 per day).
Coincident with the transfer of work from these stations to the Central Billing Department a position of Clerk at Seymour was abolished, and the occupant thereof, in the exercise of his seniority, displaced Claimant Rahn from the Chief Clerk position at Naugatuck. Mr. Rahn, in turn, displaced onto the position of Laborer.
Although it was contemplated that the yard check work, which amounted to approximately three hours daily, would continue to be performed by the Chief Clerk, it developed that during the period from June 1, 1965, to August 6, 1965, it was not possible for the new Chief Clerk to do so, and it was performed by Mr. Rahn. Effective August 9, 1965, this yard check work was assumed by the Chief Clerk.
Under date of July 24, 1965, claim was instituted by the Local Chairman in behalf of Mr. Rahn, requesting that he be paid the difference between his Laborer rate of $2.5368 per hour ($20.2944 per day) and the rate of the former Checker, $21.2024 per day. This difference in rate amounts to $.9080 per day.
The claim was progressed through the prescribed channels up to and including the undersigned.
Copies of appeal from the General Chairman and of decision by the undersigned are attached as Carrier's Exhibits "B" and "C," respectively.
Agreement dated September 15, 1957, between this Company and the Brotherhood of Railway Clerks is on file with this Board and is, by refference, made a part hereof.
OPINION OF BOARD: Certain force reductions were made at Seymour, Naugatuck and New Britain account of the transfer of inbound billing, cashier, statements and collection work to Central Billing Department at New Haven, effective June 1, 1965. Prior to that date Claimant held position of Chief Clerk at Naugatuck. Coincident with the transfer, he was displaced from the Chief Clerk position, with rate of $21.2024 per day, and, in turn, displaced onto position of Laborer, with rate of $20.2944 per day.
Claimant asks to be compensated the difference in pay between his present rate and that of the former checker when he was required to spend three hours daily in making yard check, or 90.80 cents per day.
It is Carrier's contention that although Claimant as Laborer, a Group 3 position, was required to perform yard check work which was assigned to the Chief Clerk, a Group 1 position, for approximately three hours each work day in the period from June 1, 1966, to August 6, 1966, does not raise him to the status of a clerical worker as defined in Rule 2. That Rule defines clerical workers as "Employes 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."
Is Claimant entitled under Rule 61 to a higher rate of pay for performing higher rated work or is the four-hour principle applicable in that a lower rated employe must be assigned to higher rated duties for four or more hours per day to qualify for the higher rate?
Carrier has conceded that it assigned three hours work of a higher rated position to Claimant, this being yard check work which was assigned to the Chief Clerk, a Group i position. Under Rule 61 "An `assignment' contemplates the fulfillment of the duties and responsibilities of the position during the time occupied whether the regular occupant of the position is absent or whether the assignee does work irrespective of the presence of the regular employe.. :'
Therefore, the Board finds that the Claimant, during the period from June 1, 1966 to August 6, 1966 was assigned and did perform work of a higher rated position and under the Agreement he was entitled to be paid at the higher agreed rate for the work he performed. The "four-hour principle" of Rule 2 of the Agreement is not applicable in the present case.
The positions covered by the Agreement consists of certain definite duties and on the basis of these duties, a rate of compensation and other incidents have been determined; therefore, if the parties wish to effect a change or limit the rule application of Rules 2 and 61, exceptions to any rule or rules in this agreement may be made by agreement, in writing, between the Management and the General Chairman as provided by Rule 33 of the Bargaining Agreement.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: