BROTHERHOOD OF RAILWAY, AIRLINE AND
STEAMSHIP CLERKS, FREIGHT HANDLERS,
EXPRESS AND STATION EMPLOYEES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL 6856) that:
EMPLOYES' STATEMENT OF FACTS: On October 8, 1969, Clerk Don Richmond was working his regular assigned position of Yard Clerk, 6:30 A. M. to 2:30 P. M. Mr. D. A. Yniguez was the Yardmaster on duty at this time as was Switch Foreman A. F. Scullion. The duties of Yard Clerk position are as follows:
At approximately 8:50 A. M. Yardmaster Y niguez was observed making a list of cars on Track West #7, (Employes' Exhibit "A-1") which he then handed to Switch Foreman A. F. Scullion. Later the same day, the Yardmaster was seen making a list of cars on Track West #9 at approximately 2:30 P. M. (Employes' Exhibit "A-2"). This list was also handed to Switch Foreman A. F. Scullion. As a result of this violation, Clerk Don Richmond filed a claim for a call for each infraction that occurred on his shift. (Employes' Exhibits "B-1 and B-2"). These claims were declined by Agent J. Fl. Conley through his letter of October 30, 1969. (Employes' Exhibit "C"). A letter of verification on date of November 8, 1969 was written by Switch Foreman Scullion to Superintendent J. C. Lusar, in which he verified the facts that had occurred. (Employes' Exhibit "D"). On November 8, 1969, Division Chairman W. D.
OPINION OF BOARD: The facts in this ca-se disclose that on October 8 1969 this Claimant (Clerk) was working his regularly assigned position of Yard Clerk on the 6:30 A. M. to 2:30 P. M. trick. At approximately 8:50 A. M., the Yardmaster was observed making a list of cars on Track West No. 7. He was then observed handing the same to the Switch Foreman. Later that day and approximately 2:311 P. M., this same Yardmaster was observed making a list of cars on Track West No. 9. This Yardmaster was then observed handing this list to a Switch Foreman. The facts do not appear to be in dispute between the parties. It is the contention of the Organization that the listing of the list of cars and transmittal of the same.. to a Switch Foreman constituted work belonging to employes covered by the Clerks Agreement. Carrier attempts to show that this work has never been exclusively performed by members of the Clerks Organization by rendering two affidavits found on record pages 56 and 57 which tend to establish the fact that Yardmasters have always given written instructions to Switchmen pertaining to switching cars. Consideration of these two affidavits was objected to by the Organization and this objection is sustained. These affidavits can not be considered for the reason that they were not introduced, discussed or handled on the property. The affidavits were obtained on December 20, 1970. The notice of intent to appeal arrived at this Award on August 2Y. 1970.
It is the opinion of this Board that the work involved in this dispute is work generally recognuzed as that belonging to Clerks.
As i5 Petitioner's position in this case, the Clerks are not contesting the right of Yardmaster to supervise and assign work to Yard Forces. A yard check is made and filled in by Clerks, which, in turn, is furnished the Yardmaster. It is the further position of the Organization, in this dispute, action by the Yardmaster in compiling a list of car., and furnishing the same to the Switch Foreman, constituted a direct violation of the Clerks' Scope Rule. The Organization also takes the position that the involved work belongs to the Yard Clerks by bulletin and assignment. We believe that the position of the Organization in this instance is well taken. Also, Award 18804 (Franden) upholds this position. Award 18804 states: