Award Number 17963 Docket Number CL-18263 NATIONAL RAILROAD ADJUSTMENT BOARD
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6584) that:
EMPLOYES' STATEMENT OF FACTS: when this Carrier converted from steam to diesel motive power in 1957 it began storing diesel oil in two storage tanks located just west of its Shaffers Crossing Storehouse. From this time and until about April 9, 1965, these tanks were supplied from railroad tank cars. A Group 4 Stores Department employe was regularly assigned at this location from 7:00 A.M. to 3:30 P.M., Monday through Friday, and periodically a Group 4 Stores Department employe was used from 3:30 P.M. to 11:30 P.M. to unload diesel fuel oil. These employes unloaded on an average of eight to ten tank cars daily and performed all work in connection therewith, such as; reading storage tank gauges and reporting amount of oil in each tank, checking car numbers and bills to ascertain that cars contained diesel fuel oil, opening car dome, taking samples, checking for water and foreign matter, tagging cars, inserting unloading spout, setting meter count, turning on pump, taking meter reading after
reports of the oil companies as to the number of gallons delivered eacy day, and no longer requires the metering and recording by its own employees of fuel oil deliveries.
Moreover, the work of reading the ladder type gauges on the two storage tanks as referred to in Item 8 commencing on Page 5 hereof, was discontinued and has not been required of anyone since February 10, 1965.
The work of collecting samples of fuel oil for subsequent examination and an analysis by the Carrier's Chemical Laboratory is still being performed by a laborer from the Stores Department Facility at Shaffers Crossing on the following basis:
A sample of oil is taken only from the first truck load of oil received each day from each of the delivering oil companies. On each day each oil company notifies the Stores Department Facility at Shaffers Crossing by telephone when it dispatches the first truck load of fuel oil from its plant. The laborer is then sent from the Stores Department Facility at Shaffers Crossing to the site of the new pump, and be collects the sample of oil from each tank truck from which a sample is to be secured. He attaches to the sample bottle a tag marked with appropriate identification, and he then returns the sample bottle to the office of the Stores Department Facility at Shaffers Crossing for subsequent forwarding to the Chemical Labwatory.
OPINION OF BOARD: The principal issue is whether the Carrrier subcontracted out work which belongs to employes covered by the Clerks' Agreement. Where diesel oil purchased from four oil companies was nr~viously delivered in tank railroad cars, it is now delivered in fuel trucks by a trucking company hired by the oil companies. Where a laborer heretofore read storage tank gauges, checked cars, took oil samples, inserted unloading spout, turned on the pump and took meter readings which he delivered to the office, a truck driver now connects the flexible hose to a new pump, flips the electric switch and unloads the oil. The new pump has no oil
meter. The oil is metered into the trucks at the plants of the oil companies. The driver takes the delivery tickets showing the number of gallons delivered to Carrier's Stores Department Facility. The whole procedure of unloading the oil is more simplified. A laborer still takes a sample of the oil delivered from the first truck load delivered each day. Because of the installation of the new pump some of the work previously performed by the laborer has been eliminated.
The Carrier and the contracting oil companies alone have the sole right to determine how, when and who are to deliver the oil. Unless circumscribed by law or contract, Carrier has the right to install new equipment, prescribe how work is to be performed and in general to improve the efficiency of its operations. The mere fact that a laborer had unloaded the oil from railroad tank cars does not oblige the Carrier to have the same employe unload fuel trucks. Employes of the tracking Company have complete control of the fuel until delivery is accomplished. And the vending oil companies have the right to select how the fuel is to be delivered. There is nothing in the agreement between the parties which Hurts or circumscribes these rights.
No employes were furloughed as a result of the new method of delivery. The laborer who formerly unloaded the railroad tank cars is performing work in the Stores Department Facility where he holds seniority. No employe was adversely affected.
Attaching and detaching a hose to an oil pump and turning an electric switch on and off is not work which belongs exclusively to employes under the Clerks' Agreement. Employes have not shown by credible, convincing evidence that this work belongs exclusively to them.
Fox the reasons stated, we are obliged to conclude that there is no merit to the claim. Since the claim fails on the merits, there is no need to consider and resolve the procedural issues raised by the Carrier.
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