NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
UNION PACIFIC RAILROAD COMPANY
(South-Central District)
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6565) that:
1. The Carrier violated the Clerks' Agreement when on November 8,
1967, Electrical Foreman, Mr. Lowe, transported Conductor, Mr.
M. H. Walker, from Milford, Utah to Iron Springs, Utah, departing Milford at 11:45 A.M. and returning approximately four (4)
hours later.
2. Carrier violated the Clerks' Agreement when on November 23,
1967, they allowed Trainmaster, Mr. Acklin to transport a dogcatch train crew from Milford, Utah to Lund, Utah. Trainmaster Acklin departed Milford at 10:00 A.M., November 23, 1967
and returned approximately four (4) hours later.
3. Carrier violated the Clerks' Agreement when on December 3,
1967, they required and/or allowed Trainmaster, Mr. Roberts, to
transport a crew from Milford, Utah to Lynndyl, Utah, an operation that consumed approximately six (6) hours.
4. Carrier shall now be required to compensate Claimant, Mr.
Bolan R. Larsen, Crew Dispatcher at Milford Utah for wage
loss sustained by him by reason of the above named violations
of the Clerks' Agreement in the amount of four (4) hours for
November 8, 1967, four (4) hours for November 23, 1967 and
six (6) hours for December 3, 1967, all payment to be made
at overtime rate of position of Crew Dispatcher at Milford,
Utah, which had a monthly rate of Five Hundred Forty-Six Dollars and Sixty-four Cents (546.64) per month.
EMPLOYES' STATEMENT OF FACTS:
Claimant, Mr. Rolan R. Larsen, is employed by the Carrier at Milford, Utah on position of Crew Dispatcher, a position that comes under the jurisdiction of the Brotherhood of
Railway, Airline and Steamship Clerks, which he holds by virtue of his
seniority under the Clerks' Agreement on Consolidated Station Clerks Roster
81-1 of December 27, 1948.
On date of November 8, 1967, need arose at Milford, Utah for someone
to transport a crew from Milford, Utah to Iron Springs, Utah. Instead of
agreements referred to above (Provo and Milford), which have established the precedent of handling train and engine crews by
clerks operating company owned vehicles.
"Accordingly, claim is hereby submitted on behalf of Mr. M. R.
Arthjan, Mr. J. Thomas and Mr. L. R. Price, furloughed Clerks,
Salt Lake Yard Office, for each date train and engine or yard
crews are transported by taxi cab at Salt Lake by reason of
the above outlined rules."
The Organization's contention in that dispute could not be sustained
under the provisions of the Agreement, but the Organization, nenetheless,
appealed the claim to the Carriers highest officer of appeal which was
denied under date April 20, 1964, and further discussed in conference February 23, 1965, at which time the conditions involved in
Third Division
Award 13195, disposing of a similar claim on Carrier's Eastern District,
were considered and the Organization accepted the Carrier's denial and
the claim was not further progressed. Correspondence in connection with
these time claims is attached as Carrier's Exhibits J-1 through J-7, in
elusive.
(Exhibits Not Reproduced)
OPINOIN OF BOARD: On the dates specified in the claim, employees
other than those coming within the Scope of the Clerks' Agreement, transported by Car other employees from one point on Carriers' line to another.
Claimant Crew Dispatcher charges a violation of the Agreement and demands payment at the overtime rate for the number of hours involved
in each trip.
The Organization relies principally upon the Scope Rule and a Special
Letter of Agreement dated January 17, 1950.
Insofar as the Scope Rule is concerned, it is general in nature, thus
placing upon the Organization the burden of proving that the job of transporting employees from one station to another, has been reserved to positions
under the Clerks' Agreement exclusively; further, that the reservation of
such work has been the traditional and historical custom and practice on the
property. The evidence before us indicates otherwise, that is, that employees
other than those covered by the Clerks' Agreement, have been transporting
employees both in privately owned and Company owned automobiles over a
long period of time.
The Special Letter of Agreement does not lend support to the Organizations' contentions, because by its own terms, it merely establishes the
qualifications and rates of pay to be allowed when company vehicles are used
by the Crew Caller to transport employes. There are no provisions in this
letter which would reserve such work exclusively to the Claimant's position
or to clerical employees in general.
For the foregoing reasons, we will deny the claim.
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;
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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
Dated at Chicago, Illinois, this 20th day of February 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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