BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5792) that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement bearing effective date October 1, 1940, reprinted May 2, 1955 including revisions, (hereinafter referred to as the Agreement) between the Southern Pacific Company (Pacific Lines) (hereinafter referred to as the Carrier) and its employes represented by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes (hereinafter referred to as the Employes) which Agreement is on file with this Board and by reference thereto is made a part of this dispute.
On September 12, 1961, Carrier notified Mr. O. E. Loy and Mr. Jack Schlachter (hereinafter referred to as the Claimants) that effective at close of business September 14, 1961, their positions would be abolished.
Mr. O. E. Loy at that time was regular incumbent of Car Clerk Position No. 21, Rhymer Yard Office, assigned hours 4:00 P. M. to 12:00 M., Monday through Friday, rest days Saturday and Sunday, rate $20.01 per day.
Mr. Jack Schlachter was temporary incumbent of Car Clerk Position No. 20, assigned hours 12:00 M. to 8:00 A. M., Monday through Friday, rest days Saturday and Sunday, rate $20.01 per day.
OPINION OF BOARD: On September 12, 1961, Carrier notified Claimants that effective at close of business September 14, 1961, their positions would be abolished, due to impending strike at General Motors plant. Claimant
Loy was regular incumbent of Car Clerk Position No. 21 and Claimant Schlachter was temporary incumbent of Car Clerk Position No. 20 at Carrier's Los Angeles Division at Gemco, located within the area which is broadly termed Raymer, California.
Position No. 21 was reestablished on September 21, 1961 and Claimant Loy returned to his former position. Position No. 20 was reestablished September 25, 1961 and following close of bulletin, was reassigned to Claimant Schlaehter on October 21, 1961.
During the period of six (G) days that the General Motors Plant employes were on strike, petitioner alleges that although Carrier abolished the Claimant's positions due to emergency, telegrapher-clerks retained at Gemco did perform work of the abolished positions. As a result, Carrier primarily violated Article VI of the August 21, 1954 Agreement, which provides that in an emergency, when Carrier's operations are suspended in whole or in part, positions may be abolished when work on those positions no longer exists or cannot be performed.
Carrier asserts that the duties performed by the telegrapher-clerks during the six (6) day emergency are performed daily by them at Gemco and are part of the assignment of the job and they were doing no different work on the six (6) days than they did on their regular assignment.
From the facts adduced from the record it appears that the work in question, assigned to these positions was performed by Claimants prior to and subsequent to the abolishment period of six (6) days. Two telegrapherclerks, who admittedly performed the work assigned to the abolished positions. gave written statements that the work they performed during the six (6) day emergency period :vas not part of their normal-regular assignments as telegrapher-clerks prior to the abolishment of Positions No. 21 and 20. That when these positions were reestablished they discontinued performing the clerical work in question and reverted to their regular duties.
Since Carrier never refuted these statements, the Board must find that the work continued to exist and was improperly assigned to employes without the Clerks' Agreement.
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 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