BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS & STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (CL-6281) that:
EMPLOYES' STATEMENT OF FACTS: Employes Paul liloss and Terry Winter ar-e regularly assigned Utility Storehelpers on Positions 5237 and 5235 respectively at the Milwaukee Shops Material Division, Milwaukee, Wisconsin. Their hours of assignment are from 7 A. M. to 3:30 P. M., Monday through Friday.
Material Division employee in Seniority District No. 118 at the Milwaukee Shops, which includes Utility Storehelpers, have throughout the years performed the work in connection with stock piling sand in Building CD-73.
The normal procedure in the handling of said for the Milwaukee Car Department is as follows: The Material Department is advised by the Car Dapartment Foreman of the sand requirements. The Material Department Sectional Stockman then places an order for the sand. When the car of sand arrives, it is unloaded by the Material Department employe. When the sand is unloaded, the Car Department Foreman then charges it out on Form 189. Prior to the issuing of a Form 189, the sand remains under the jurisdiction of the Material Department. Thereafter the sand belongs to and is under the jurisdiction of the Car Department. Other work, such as invoices and making payment for the sand, is handled by the Material Department.
On Ducembcr 22 and 23, 1965, wore: of unloading and stock piling a car of sand in Building CD-73 was required. In lieu of using Material Department
employ^as to perform that work as has been the custom and practice throughout the years, Car Department employes Walters, Kackowski, Russell and McGiven (Russell may or may not have also been a Car Department employe but was d·;:finitely not a Material Department employe) were used to unload and stockpile that car of sand.
Claim in behalf of employe Kloss and Winter was submitted by the Local Committee to District Material Manager, H. R. Marxen on January 24, 1966 and to Mr. E. F. Volkunm, Manager of Materials on appeal on February 15, 1966 and was declined by each in turn.
The claim was appealed to Mr. S. W. Amour, Vice President-Labor Relations on .Tune 1, 1966 and was declined by him in his letter dated July 21, 1966. In that letter Mr. Amour took the position that both claimants Klass and Winter participated in the unloading and stock riling of the car of sand in question. That they did not do so is evidenced by statement from employe Winter dated November 10, 1966 (Employes' Exhibit "A") and employe Kloss dated December 1, 7966 (Employes' Esbibit "B").
However, during discussion of the claim in conference on February 10, 1967, Mr. Botzon of Mr. Amours office advised that the Carrier had erred in its contention in that respect.
Further discussion of the claim during subsequent conference on March 31, 1967 failed to produce any settlement.
The time limits covering; this claim wire extended by mutual agreement for a period of 90 days, or until July 1, 1967.
CARRIER'S STATEMENT OF FACT'S Claimant Paul B. Kloss is the regularly assigned occupant of Utility Storehelper Position No. 5237 in the Material Department at Milwaukee, Wisconsin which is assigned from 7:00 A. M. to 3::30 P. M. Monday through Friday with Saturday and Sunday rest days.
Claimant Terry L. Winter is the regularly assigned occupant of Utility Storohelpcr Position No. 5235 in the Material Department at Milwaukee, Wisconsin which is assigned from 7:00 A. M. to 3:30 P. M. :Monday through Friday with Saturday and Sunday rest days.
Carrier orders from three (3) to five (5) carloads of sand per year for the use of Carmen, employes within the scope of the Brotherhood Railway Carmen of America Agreem·ant, when sandblasting off old paint on cars prior to repainting them. This sandblasting work is performed by Carmen in Building CD-73, commonly referred to as the Sand House or Sand Blast Shed, which is located within the Milwaukee Shops area in Milwaukee, Wisconsin.
One (1) such carload of sand, i.e., Car UP 108806, was received by Carrier on December 22, 1965 and in accordance with past practice the sand contained therein was jointly unloaded and stockpiled in Building CD 73 on December 22, and 23, 1965 by Material Department employes within the scope of the Clerks Agreement, i.e., employe V. Riordan, Utility Storehelper, and Car Department employes, i.e., employes outside the scope of .the Clerks Agreement.
The instant claim involves the work of "stockpiling sand in Building CD-73" at Milwaukee, Wisconsin which, by the claim they have here presented,
the employes are contending is work exclusive to Material Department en:ployzs within the scope of the Clerics Agreement, but which, in fact, is not work exclusive to Material Department employes within the scope of the Clerks Agreement as th·-3 Carrier will establish in its "Position."
OPINION OF BOARD: The instant claim arose among Material Division employes in Seniority District No. 118 at the Milwaukee, Wisconsin Shops when on December 22 and 23, 1965 Car Department employes were used to unload and stock pile sand in Building CD-73 from UP Car No. 108806. The sand in UP Car No. 108806 was for use in sand-blasting operations by Car Department employes.
Petitioner argues that work such as handling material and scrap, stock piling, shipping, loading, sorting and billing thereof is recognized as Stores Department work and therefore, the Scoue Rule of the controling Agreement ,.-,as violated wh··n the work of unloading sand was performed on December 22 and 23, 1965 by Car Department employes.
Carrier rcsponsded that on the date of the instant claim, i.e., December 22 and 27, 1965 when Car Department employee participated in the unloading and stock piling of sand in Building CD-7.3 at Milwaukee there occurred no violation of the Clerks' Agreement as they have conclusively shown that such work is not within the Scope of the Clerks' Agreement but instead is work that has alway been performed by Car Department employes.
From the ·vvidence of the rcenrd, v;;, must couciude that the work of stock piling sand for us,:, in Car PepartnE·nt operations is work of Car Depa-tment employes and not work of Material Department employes.
Third Party Notice of the pendency of this dispute was given to the Brotherhood of Railway Carmen of the United States and Canada in accordanon with the Supreme Court Decision in Transportation-Communication Employer' Union vs. Union Pacific Railroad Company 385 U.S. 157 1966 and the requirements of that Decision were met.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier axed Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;