NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

David H. Brown, Referee

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAM

SHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6370) that:

1. Carrier violated the Clerks' Rules Agreement at Davenport, Iowa, when on October 3, 4, 5, 6 and 7, 1966 it required or permitted the Freight Agent and/or Trainmaster, who are employes outside the scope and application of the Clerks' Agreement, to perform Messenger work covered thereby.

2. Carrier shall now compensate employe Harold D. Vannoy two (2) hours pay at the time and one-half rate of Position 21410 for October 3, 4, 5, 6 and 7, 1966 and for all subsequent dates that the violation continues.

EMPLOYES' STATEMENT OF FACTS: Prior to January 21, 1966 the Carrier maintained a Yard Clerical force at Gaines Yard, Davenport, and all messenger work in connection therewith was assigned to and exclusively performed by clerical forces. See copy of statement from employe Harold D. Vannoy and employe Edward Miller attached as Employes' Exhibits "A" and "B" respectively.

Following the closing of the Gaines Street Yard Office effective January 21, 1966, employe Vannoy, the occupant of Warehouse Foreman Position 21410 at Davenport, was assigned the work of deliverying waybills and mail from the Local freight house to the Nahant Yard Office and for the use of his automobile in making such deliveries was paid an auto allowance of $2.25 per round trip. Copies of check stubs covering auto allowances are attached as Employes' Exhibit "C".

This arrangement continued in effect until October 1, 1966. Since that date the messenger work has been performed by the Agent and/or the Trainmaster at Davenport, Iowa.

Claim for two hours at the time and one-half rate of his Warehouse Foreman Position 21410 for October 3, 4, 5, 6 and 7, 1966 and all subsequent days that the violation continues was filed by employe Vannoy and was declined by Superintendent L. H. Walleen in his letter of November 8, 1966.

"Where work may properly be assigned to two ox more crafts, an assignment to one does not have the effect of making it the exclusive work of that craft in the absence of a plain language indicating such an intent. Nor is the fact that work at one point is assigned to one craft for a long period of time of controlling importance when it appears that such work was assigned to different crafts at different points within the scope of the agreement. We conclude that the work here in question was not the exclusive work of Clerks on this Carrier."

OPINION OF BOARD: The Scope Rule herein is general. The disputed work consisted of moving company mail and waybills between the two yard offices and the freight office at Davenport. Carrier showed on the property that the contested work had not been exclusively done by members of the complaining craft but had been handled by various other personnel. The claim will accordingly be disallowed.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: '

That the parties waived oral bearing;

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 not violated.

AWARD

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: S. H. Schulty

Executive Secretary