NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-18040
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Erie Lackawanna Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6501)
that:
1. Carrier violated the rules of the Clerks' Agreement when it failed
to utilize the services of a qualified, available employe covered by the Clerks'
Agreement, to perform duties on position of Yard Clerk, Niagara Falls, New York,
on the holiday, December 26, 1966, 8:30 a.m. to 5:00 p.m., in the absence of the
regular incumbent who was on vacation. Carrier required an Operator-Clerk, an
employe not covered by the Clerks' Agreement, to perform the duties thereof.
2. Carrier shall now be required to compensate Employe Lynn Hammond,
one day's pay at time and one-half the rate of the Yard Clerk's position for the
holiday, December 26, 1966, in addition to eight (8) hours pro rata pay he received as holiday pay.
OPINION OF BOARD: The regular incumbent of the Yard Clerk position at Niagara
Falls, New York, waf on vacation December 26, 1966, through
December 30, 1966. This position was filled on a day to day basis by utilizing
services of available employes on their rest days, except on Monday, December
26, 1966, the claim date, which Carrier alleges that such date was blanked. The
record discloses that on December 26, 1966, Carrier permitted an Operator-Clerk,
an employe not covered by the Clerks' Agreement, to book two (2) trains and to
handle an interchange report. The Organization contends that the involved work
constituted work exclusively reserved to Clerical employes, and that under Rule
20-3(f) - The Work On Unassigned Days Rule, Carrier was obligated to utilize
the services of Claimant, who was available to perform such work on the claim date.
Carrier takes the position that the Scope Rule of the Clerks' Agreement does not
define the work to be performed, and, therefore, does not grant Clerks the ex-
clusive right to perform all Clerical work; and that the Organization has failed
to prove that the involved work belongs exclusively to employes under the Clerks'
Agreement because of custom, practice and tradition on a system-wide basis.
Carrier states that to the contrary, Telegraphers have also customarily performed
the involved work, as has also been performed by Clerks.
Under authority of Awards 12957 (Wolfe), 18245 (Dugan), 18856 (Cull),
and 19039 by this Referee, it is not necessary that the Organization prove exclusivity of the involv
subject of interpretation. Therefore, the question, or questions, to be resolved
in this issue are as follows:
Award Number 19220 Page 2
Docket Number CL-18040
1. Is the involved work normally performed by Claimant
on his regular assignment?
21 Is the involved work normally performed by both
Claimant and Operator-Clerk on their regular assignment?
The record conclusively shows that Claimant normally performed the
involved work during his regularly assigned work week. The reL:ord also discloses that Operator-Cler
other duties during their regularly assigned work week. (Carrier's Exhibits "C",
"D", and "E".) Also, Carrier has the right to blank a position, either in whole
or in part, on a holiday. See Awards Nos. 7294, 8872, 10499, 10625 and 10819.
It appears from the record in this dispute on this property that both
Clerks and Operator-Clerks normally perform the involved work during their regular work week assignm
holiday, does not have the mandatory duty to recall Claimant in this instance
when there are other employes on duty who normally performed the disputed work.
This claim will be denied.
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.