PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND

STEAMSHIP CLERKS, FREIGHT HANDLERS,

EXPRESS AND STATION EMPLOYES




STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (CL-6572) that:









EMPLOYES' STATEMENT OF FACTS: Claimants are the incumbents of regular assigned positions as B & M Handlers in the Mail Room at the Indianapolis Union Station, with the exception of claimant Scotten who is a Track Foreman at the same location. On the date of claim, December 1, 1967, the volume of mail to be handled had increased considerably and Carrier had determined it needed additional workers beyond the regular work force.

However, instead of calling the five claimants to work overtime it elected to use two employes from Accounting, two employes from the Ticket Office and one employe from the Belt Shops. Their regular assignments ended from 4:30 P.M. through 6:30 P.M. and all were required to double over.


In contrast all of the claimants had eight hours or more rest, their previous tour having terminated from 6:30 A.M. through 8:25 A.M., and they were more fully acquainted with the work since they held regular assignments in the Mail Room as B & M Handler or as a Track Foreman.


The claims were filed by the employes on December 2, 1967, and denied by the Carrier, the Local Chairman appealed the claims on March 1, 1968, and, being declined, was timely appealed to Carrier's highest officer designated to receive and consider such appeals. Conference was held on May 14 and July 27, 1968. Copies of all correspondence in connection with these claims are attached and identified as Employes' Exhibits "A" through "J".




CARRIER'S STATEMENT OF FACTS: Due to an increase in volume of mail at the start of the 1967 Christmas season, it was necessary to bolster the mail handling force on Tour 3, or second trick, December 1, 1967. Five (5) employes made up from the Ticket Office and Accounting Office were used. Employes from these departments were and are members of the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, and are in the Group I classification.


Employes from these departments and occasionally other departments, have been used in this same manner prior to 1967 without complaint from the Organization. An example of this: on Friday, October 14, 1966, one employee from the Ticket Office was used and two from the Accounting Department; October 19, 1966, two employes from the Accounting Department; October 20, 1966, one from the Ticket Office, five from the Accounting Department; October 22, 1966, one clerk from the Belt Shops; October 28, 1966, four employes from the Accounting Department; October 29, 1966, one clerk from the Belt Shops.


Not only were employes used in 1966, but also in years prior to this, and no complaint from the Organization.


On December 1, 1967, on Tour 1, or third trick, we used two extra men, three regular men day off extra, one regular man on birthday holiday and one regular day off man, to fill a regular assignment. On Tour 2, first trick, we used three regular day off men extra, four regular day off men, to fill regular assignments. On Tour 3, second trick, we used one regular day off man to fill a regular assignment, one regular day off man extra and six extra men, including five from the Accounting Department and Ticket Office. In addition to this, the three tricks made a total of twenty-six (26) hours' overtime.


OPINION OF BOARD: The circumstances which gave rise to this claim are not in dispute.


Due to an increase in volume of mail at the start of the 1967 Christmas season, Carrier found it necessary to supplement the personnel on the mail


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 handling force on Tour 3, or second trick, December 1, 1967. For this purpose, it assigned two employees from Accounting, two from Ticket Office and one from the Belt Shops. The regular assignment of these employees had ended at 4:30 P.M. to 6:30 P.M. (that is, the immediately preceeding shifts); thus they continued on the additional hours as overtime.

 Claimants had completed preceeding tours ending 6:30 A.M. through 8:25 A.M. Four occupied regular assignments in the Mail Room as Baggage and Mail Handlers and one as Troock Foreman. They claim 8 hours at the overtime rate for each on the following grounds:








Supplement No. 1 of Memorandum of Agreement between the parties which provides:


Carrier takes the position that Rule 42(g) does not obligate it to use employes in advance of their regular assignments and that employes and Organization have acquiesced in such interpretation by being parties to repeated practice of Carrier in using other employes for run-on overtime, rather than position occupants for pre-shift overtime.

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Organization denies that this had been the practice and contends that even if it had been, does not vitiate the clear meaning of governing Agreement terms.


Organization submits also a bulletin issued by Carrier dated December 9, 1966, which reads in part as follows:




We find the language of Rule 42(f) and (g) clear as an expression of intent that "employes regularly assigned to the positions on which overtime is necessary shall be given preference" in "working before or after assigned hours". The record in the instant claim shows that the Claimants were denied such preference. The claims made must therefore be sustained.


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;


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and














Dated at Chicago, Illinois, this Ist ady of August 1969.

 Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.

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