NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6539) that:
EMPLOYES, STATEMENT OF FACTS: Prior to March 23, 1967, employees subject to the scope and application of the Clerks' Agreement checked the C&NW Connection for the purpose of determining the position of "Block Freight" and cars loaded with automobiles on the connection, and the routing of such cars or "Block Freight".
When this work was completed the Yardmaster was advised with regard thereto and he made direct deliveries on the basis of this information before the other cars from the connection were brought into the yards.
On March 23, 1967, Trainmaster E. Ross, performed this work and furnished the Yardmaster with the information necessary to permit making direct deliveries before the cars from the connection were brought into the yards.
1. The applicable Agreement between The Alton & Southern Railway Company and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, effective July 9, 1957, as amended, is on file with the Executive Secretary of the Third Division, and by reference is adopted for the purpose of this Submission.
way bills. The claim was appealed to the Assistant General Manager, who denied it in letter of December 11, 1967, stating in part:
11. The claim was again declined by the Assistant General Manager in conference on April 11, 1968 (Exhibit "B").
12. The claim was not settled by the parties, and we are in receipt of a copy of the Clerks' Notice Of Intent to file a claim with your Board.
OPINION OF BOARD: The claim in this docket is based on the contention that, on the claim date, a Trainmaster checked the C&NW connection to determine the position and routing of certain cars.
There is no evidence in this record that the Trainmaster made a physical check of the C&NW connection. The record does evidence that, while at the C&NW connection, the Trainmaster looked at the waybills and instructed the crew to deliver certain cars direct to the L&N connection. We think this was a proper exercise of the Trainmaster's supervisory responsibility, The record supports this view because it also evidences that the waybills were not delivered with the cars, but were handled by clerical employes in the yard office who split the bills, made the interchange sheet and made delivery of the bills and the interchange sheet to the L&N. Accordingly, based on the record in this docket we perceive no violation of the Agreement.
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