NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-15431
William M. Edgett, Referee
(Brotherhood of Railway and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Burlington & Quincy Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5749)
that:
(1) The Carrier violated the Clerks' Rules Agreement, particularly
Rules 1, 25, 36 (k) and Article VIII of the Agreement of August 21, 1954, beginning on April 3,
(telegrapher), upon arrival of passenger trains No. 35 and 36 at Quincy,
Illinois, West Station, was required to assist the Assistant Baggageman and
Baggagemaster on duty, with the head end work on these trains.
(2) That the claimants named below and/or their successors, if
there be any, be compensated for 2 hours at punitive rate, ($18.06 per day,
plus subsequent wage adjustments), for each claim date when they were available and were the senior
dates indicated:
J. D. Dixon April 3, 1964
E. G. Davis April 4, 1964
L. T. Meyer April 8, 1964
R. T. Beck April 9, 10, 11, 1964
L. T. Meyer April 14, 15, 1964
E. G. Davis April 16, 1964
R. T. Beck April 17, 18, 1964
E. G. Davis April 21, 22, 23, 24, 25,
29, 30, May 1, 2, 6, 7,
8, 9, 13, 1964
R. T. Beck May 14, 15, 16, 1964
This is a continuing claim. Additional claim dates and names of the claimants
have been presented to the Carrier and progressed up to the highest designated
officer of the Carrier to handle such disputes. By reference thereto are made
a part of this submission.
(3) That the head end work on passenger trains at Quincy, Illinois,
West Station, be returned to employes of the Clerks' Craft and Class.
Award Number 19213 Page 2
Docket Number CL-15431
OPINION OF BOARD: Claimants are Assistant Baggageman and Baggagemaster at
Quincy, Illinois. The employes have contended that Carrier
is in violation of the Scope Rule of their Agreement when an Operator - Leverman (telegrapher) was p
Quincy, Illinois, West Station.
This Board in Award 13823 (Referee Dorsey) which involved an
identical dispute between these same parties in Albia, Iowa held:
"The Scope rule of the Agreement is general in nature.
Consequently, to prevail, Clerks have the burden of
proving that the work, to which it lays claim has
been performed historically and customarily by employes
covered by Clerk's Agreement. Clerks in the record,
failed to satisfy the burden. We will deny the claim."
We will follow Award 13823 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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 25th day of May 1972.