BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

UNION PACIFIC RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6663) that:

1. The Carrier violated the Clerks' Agreement when on September 12, 1968 it assigned and/or permitted employes not coming within the scope of the agreement, to handle hand baggage at the Salt Lake City Passenger Station.

2. Carrier shall now compensate Red Caps J. R. Green, Jr. and J. bl. Ellis for a call at the time and one-half rate for September 12, 1968.

EMPLOYES' STATEMENT OF FACTS: On August 22, 1968 the Carrier abolished two Red Cap positions. On September 12, 1968 there were no Red Caps available for the handling of hand baggage that had to be handled for patrons at the Salt Lake City Passenger Station. Traffic Department Passenger Agents, who hold no seniority rights under the agreement, were used for performance of the work.

Claim was- duly filed by Vice General Chairman with Superintendent on October 2, 1968. (Employes' Exhibit "A")

Claim was denied by Superintendent on November 8, 1968. (Employes' Exhib;t "R")

Claim was appealed to Senior Assistant to Vice President by General Chairman on December 9, 1968. (Employes' Exhibit "C")

Claim was denied by the Senior Assistant to Vice President on December 16, 1968. (Employes' Exhibit "D")

General Chairman's letter of January 10, 1969 to Senior Assistant to Vice President requested conference date be set for discussion of the case. (Employes' Exhibit "E")

Carrier's Exhibit H-General Chairman Hallberg's letter of January 10, 1969, advising Assistant to Vice President Wood that his decision was unacceptable and requesting a conference to discuss the claim.

Carrier's Exhibit I -Assistant to Vice President Wood's letter to General Chairman Hallberg dated February 6, 1969, confirming conference discussion and confirming prior denial of the claim by letter dated December 16, 1968.

(Exhibits not reproduced.)

OPINION OF BOARD: The questions at issue in this claim are:

1. Did the Carrier violate the rights of the employes of former Roster 116, anti in particular, the rights of Red Caps J. R. Green, Jr. and J. M. Ellis by requiring and allowing employes not holding seniority on Roster 116 (home roster of claimants) or on Roster 81-1 or 81-2 (consolidated roster) to handle baggage.

2. Did tl,e Carrier violate the then effective Agreement between the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes and the Union Pacific Railroad Company, by requiring and allowing employes not covered by the -Agreement to perform work of handling baggage on September 12, 1968.

3. Shall Carrier nee- be required to compensate Red Caps J. II- Green, Jr. and J. 11. Ellis in the amount of a call for date of September 12, 1968 at time and one-half rate as provided by the Agreement.

"Section (e)--Employes holding seniority on Sen;ority Distric' No. 116 on the date immediately preceding the effective date of this ag'r'eement, who are assigned to Seniority District No. 81-2 on the efieet:ve date of this agreement, will be shown on the seniority roster of Seniority District No. 81-2 in seniority order with the same seniority date as sitown on the aenioxity roster of Seniority District No. 116 on the date immediately preceding the effective date of this agreement. The right;; of such employes to station attendant positions which are in existence on the date immediately preceding the effective date of this agreement shall remain unchanged on and after the effective date of this :agreement, and such employes shall cent'nue to have prior rights to such positions over employes holdimr seniority on Seniority District No. 81-2 on the date immediately preceding the effective date of this agreement."

After direful review of the record we nnaA answer the above questions at issue in the affirmative. Tits reread establisbes probative evidence and co;npetent proof that the employes of the Traffic Department did handle the baggage, placed the bags on a Red Cap cart and thereafter delivered the baggage to a chartered bus and were paid for tile time so spent. It is well established that work once placed under the coverage of a valid and effective ag^aeewent ma;a rot 1 e a- hitrarfy or unilaterally irinoved therefrom.

That the parties waived oral hearing;

That the Agreement was violated.

AWARD