NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Robert M. O'Brien, Referee

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

BURLINGTON NORTHERN INC. (FORMERLY CHICAGO,

BURLINGTON & QUINCY RAILROAD COMPANY)

(1) The Carrier violated and continues to violate the Clerks' Agreement, particularly Rules 1, 36(k), 37 and 44, when it transferred the work of selling tickets and making ticket reports at Brookfield, Missouri, to Agent C. K. Moorhead, an employe not subject to the Clerks' Agreement.

(2) The Carrier shall be required to return the work of selling tickets and making ticket reports to employes within the scope of the Clerks' Agreement.

(3) The Carrier shall because of the violation set out above, compensate the following named employes who were adversely affected, and/or their successors, three and one-half hours' pay at the punitive rate of Yard Clerk-Ticket Seller, Job 2164; R. C. Robinson, commencing with his rest days, Monday and Tuesday, September 16 and 17, 196·8; C. L. Tiemeyer, commencing with his rest day, Wednesday, September 18, 1968; and C. E. Craftou, commencing with his rest days, Thursday and Friday, September 19 and 20, 1968, and continuing until this work is returned to its proper craft.

Sell tickets for Trains 35 and 36, keep ticket book, make ticket report.;, handle train list during tour of duty, assist with head end work on branch .nixed trains, do freight billing, make switch list for yard crews and perform such other yard work and station work as may be assigned.

Effective September 16, 1968, instructions were issued to Agent-Operator C. K. Moorhead to the effect that the work of selling tickets and making necessary ticket reports would be assigned to him during the period of time he was at Brookfield between 1 P. M. and 4:30 P. M., Monday through Friday. No reduction in force or other change was made.

The claim presently before the Board is based upon the contention that the selling of tickets and handling of reports incidental thereto is reserved exclusively to clerical employes, and that the performance of such work by employes not subject to the Clerics' Agreement is in violation of Rules 1, 36(k), 37 and 44 thereof.

OPINION OF BOARD: Thus claim arose at Brookfield, Missouri where Carrier's station force consisted of an agent-operator (represented by the Tranportation Communication Employe's Organization) five days per week - hours 1:00 P. 1M. to 4:30 P. M.; Chief Quilt 8 A. M. to 5 P. M. - five day per week; Janitor-Baggageman 10 P. M.-7 A. M., five days per week; 3 Yard Clerk-Ticket Seller position' round the clock, 7 days per week; Wire Chief, 8 A. M.-4 P. M., 7 days per week; 2nd operator 4 P. M: 12 M, 7 drays per week; 3rd operator 12 M-8 A. M., 7 days per week.

Effective September 18, 1968, instructions were issued to the Agent-Operator to the effect that, during the time he performed service at Brookfield, he would be required to help out in the selling of tickets. The employes contended that this was a violation of the Clerk's Agreement since, as they alleged, ticket selling was reserved to clerks. This same question has been before this Board in Award 14085 (Referee Hall) which involved a nearly identical dispute between these same parties, therefore, we will follow this Award and deny the claim.

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 Employes 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