BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
1. Carrier violated the rules of the Clerks' Agreement at Mebrid;'e, S. D. when on Saturdays and Sundays it assigned clerical work previously assigned to and performed by clerical employes on 7 days peer week and which clerical employes continue to perform Monday through Friday to the Aghnt/Operator, an employe outside the scope and application of the Clerics' Agreement.
2. Carrier shall compensate employe R. Owens for 3 hours at the pro rata rate of Cashier-Yard Clerk Position 68510 for Saturday November 19, 1966 and Saturday, December 3, 1966 and for 5 hours 20 minutes at the time and one-half rate of Cashier-Yard Clerk Position 68510 for Sunday, November 20, 1966 and Sunday, December 4, 1966.
:2. Carrier shall compensate employe R. C. Baer for 3 hours at the pro rata rate of Yard Clerk Position 68540 for Saturday, November 12 and Saturday, November 26, 1966, and for 5 hours 20 minutes at the time and one-half rate of Yard Clerk Position 68540 for Sunday, November 13, 1966 and Sunday, November 27, 1966.
The first Agreement with the Clerics' Organization on this property became effective January 1, 1920 or in other words, almost seventeen (17) years after the first Telegraphers' Agreement and six years (6) after Mobridge first appeared in the Telegraphers' Agreement revised effective September 1, 1914, and has subsequently been revised on February 1, 1922, November 1, 1929, January 16, 1946 and September 1, 1949.
All clerical positions, including Positions Nos. 68510 and 68540 were established at Mobridge, So. Dakota for the express purpose of assisting the agent and/or other employ^zs within the scope and application of the Telegraphers' Agreement in the performance of that part of the station work which, because of the volume involved, the agent and!or operators wen and/ or are unable to perform,
'The disputed item of work in this instant claim is work generally associated with that of crew calling. To be specific, the Employes when handling this dispute on the property, although labeling the disputed work in Item No. 1 of their Statement of Claim with a term that would be applicable to a multitude of duties, i.e. "'~ : * clerical work * * *" defined this "* *
clerical work ` * *" as "to write up the Trainmen's and Enginemen's Crew Book and to mark up the Trainmen's and Einginemen's Crew Boards * * *."
By the instant claim now before your Honorable Board for adjudication, the Employes are contending that this crew calling work, i.e. "* ° * to write up the Trainmen's and Enginemen's Crew Books and to change the Trainmen's and Eiginemen's Crew Boards " * * " is work reserved to Clerical Positions Nos. 68510 and "08540 located at Mobridge, but which in fact is not work exclusive to either position nor any other clerical position, either at Mobridge or throughout the Carrier's entire System, nor is this disputed item of work reserved exclusively for Claimants Owens and Baer, or any other employe under the scope of the Clerks' Agrement, either at Mobridge or throughout the Carrier's entire System, as the Carrier will establish in its Position.
There is attached hereto as Ca'rrier's Exhibit "A," copy of letter written by Mr. S. W. Amour, Vice President-Labor Relations, to Mr. H. C. Hopper, General Chairman, under date of March 27, 1967.
OPINION OF BOARD: Upon discontinuance of 7 day per week yard clerk service at Mobridgc, South Dakota, Carrier assigned the work of writing up the crew book and marking up the Crew Board to the Agent-Operator on the unassigned Saturday and Sunday rest days of the two remaining yard clerk positions. The Organization contends that the involved work is overtime work, controlled by Rule 28 of the Agreement, which requires the utilization of Claimants for these services on an overtime basis. Carrier contends that the involved work is not exclusive to clerks or telegraphers at Mobridge or throughout Carrier's entire system, and that, therefore, Claim-
ants are not required to bo called t'or this overtime work. Rule 28 is as follows:
This dispute has been well settled in many prior award,. All of these prior awards axe sustaining awards. See Awards No. 18858 (Cull); 18245 (Dugan); 18346 (Dorsey); 18092 (Dolnick) and many others. There is no doubt that the regular employe is entitled to the overtime work in this position. Therefore, this claim will be su;taimd.
FINDINGS: The Third Division of the Adjustment Board, upon the whole ecm-d 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 Boasrd has jurisdiction over the dispute involved herein; and