BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
1. The Carrier violated the Clerks' Agreement when on July 1, 1969, they contracted with the American Building Maintenance Company, a firm not under the scope of the Clerks' Agreement, to perform certain janitorial services at Tacoma, Washington Freight Station.
2. Carrier shall now be required to cancel the contract with the American Building Maintenance Company and return the work to the clerical employes represented by the Brotherhood of Railway, Airline and Steamship Clerks on Roster 85-2.
3. Carrier shall now be required to compensate Claimant, Mr. R. L. Rigney Janitor-Stower at Tacoma, Washington, for wage loss sustained by him by reason of the above violation of the Clerks' Agreement in the amount of live hours at time and one-half for each of his assigned days commencing July 1, 1969 in addition to his regular compensation and continuing until such work is restored under the agreement The overtime rate of Janitor-Slower, Job No. 19 is $4.50 per hour.
EMPLOLYES' STATEMENT OF FACTS: Claimant, Mr. R. L. Rigney, is employed by the Carrier at Tacoma, Washington on position of Janitor-Slower, 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 Station Clerks' Roster 85-2 of April 29, 1952.
The position of Janitor-Slower, Job No. 19, at Tacoma Freight Station is bulletined with duties as follows:
OPINION OF BOARD: Carrier entered into an agreement with American Building Maintenance Company for a term of two years, commencing July 1, 1968, whereby the Maintenance Company, for 5144.41 per month, agreed to perform routine janitor services at Carrier's freight office in Tacoma, Washington. The contract lists some 28 services, three of which are designated to be performed monthly; three weekly, and the remainder three times weekly.
The Organization contends that the contracting out of said janitor work violated the Clnrk's Agreement, particularly Rule t (c) thereof:
Claimant, prior to July 1, 1969, held the position of Janitor-iStower at Tacoma Freight Station, Bulletine=d as Job No. 19 with duties two hours as Janitor in keeping freight office in clean condition, and six hours as Stower, handling truck f i eight, loading cabs and ,rther warehouse duties.
The sole issue to be decided is whether or not tire unilateral action of Carrier in contracting out the work in dispute violated the Agreement.
Carrier asserted on the property, without any protest from the Organization that it has had a contract with said American Building Maintenance Company for said Company to wash windows at the Tacoma Freight Station since March t37, 1951, and also that the performance of janitorial work has not been the exclusive function of Employes listed within Rule 1 (Scoper of the Clerk%, Agreement.
The Or;ganizaLion bases 1t:; claim on the violation of the Scope Rule and that the position, which included the work contracted out, was bulletined and assigned to Claimant, and Claimant performed ,,,aid work until it was contracted out to the American Building Maintenance Company.
The Organization, in support of its position, relies primarily on Award No. 13236. We deem it unnecessary to consider Award No. 13236 in the determination of this dispute, inasmuch as we find that the Organization did