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.e.A,e Award No. 18961
Docket No. CL-16607

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Paul C. Dugan, Referee

PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

ILLINOIS CENTRAL RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6049) that:

(a) Carrier violated the Clerks' Agreement at Effingham, Illinois, when on May 19, 1964, and subsequent dates, it abolished three regular Clerical Positions, and assigned the duties thereof to employes not subject to any rules of the Clerks' Agreement.

(b) Clerk R. E. Cohen, be compensated $1.72 per day, for May 19, 1964, and each subsequent work day.

(d) Clerk V. R. White, be compensated $.94 per day, for May 19, 1964, and each subsequent work day.

(e) Clerk D. L. Roedl, be compensated $.O6 per day, for May 19, 1964, and

each subsequent work day.

(f) Clerk C. E. Myers, be compensated $2.98 per week, based on a five day work week, beginning May 19, 1964, and each subsequent work week.

(g) Clerk B. L. Denton, be compensated $91.82 per week, based on a five day work week, beginning May 19, 1964, and each subsequent work week.

(h) Clerk W. K. Smith, be compensated $98.70 per week, based on a five day work week, beginning May 19, 1964, and

each subsequent work week.

EMPLOYES' STATEMENT OF FACTS: Prior to May 19, 1964, the force at Effingham, Illinois Passenger Station consisted of the following:

POSITION OCCUPANT HOURS ASSIGNMENT

Freight Agent R. Higgerson 8:00 A. M. to 5:00 P. M. Mon. thru Fri.

Agrement. The Carrier declined the claim on the basis that a telegrapher at Effingham, the ticket agent, had been selling tickets for fifty years or more; that throughout the Carrier's system telegraphers sell tickets; that the Clerks did no have ail ·oxclusive light to the work; and that, therefore, it was within the Carrier's right to abolish unneeded clerical jobs and distribute the re. maining work to telegraphers, who were necessary- for communications work. Copies of relevant corrcspondcnee are attached as Carrier's Exhibits "A" and "B."

ISSUE

The issue in the present dispute is simply this: Does the Carrier have the right to abolish unneded clerical jobs and give the selling of tickets to telegraphers at the point?

The Carrier will show that the work in question, the selling of tickets, does not belong exclusimoly to Clerks and that, therefore, the Carrier was within its rights when it abolished the ticket cloak positions and gave the work to a craft which had a right to perform it.

(Exibits not reproduced.)

OPINION OF BOARD: The dispute involved berein involves the same parties, the same agreement, and similar contentions as involved in Award 18960. For the reasons as stated in that Award, the claim will be denied.

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 Employee 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

That the Agreement was not violated.

AWARD

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: E. A. Killeen

Dated at Chicago, Illinois, this 28th day of January 1972.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.

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