NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-18103
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Kansas City Terminal Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6528)
that:
(a) Carrier violated and continues to violate the Clerks' Agreement
when effective June 12, 1967 it abolished the position of Claimant, Mr. J. D.
Looney; and, on June 15, 1967 abolished the relief positions of Claimants, Mr.
E. L. Vanderpool and Mr. C. N. Brown, Purchasing and Stores Department employes,
and simultaneously required employes of other crafts, not covered by the Clerks'
Agreement to perform the work previously assigned to claimants.
(b) Mr. J. D. Looney shall now be paid a day's pay at pro rata rate
starting with June 13, 1967 and continuing each day, except Saturday and Sunday,
ntil the violation is corrected.
(c) Mr. E. L. Vanderpool shall now be paid a day's pay at pro rata
rate for June 17, 24, July 1, 8, 15, 22, 29, August 5 and 12, 1967, and continuing
each Saturday until the violation is corrected.
(d) Mr. C. N. Brown shall now be paid a day's pay at pro rata rate for
June 18, 25, July 2, 9, 16', 23, 30 August 6 and 13, 1967, and continuing each Sunday until the viol
OPINION OF BOARD: Effective June 12, 1967, Carrier abolished the position of
Counterman-Stockman-Deliveryman for the Storehouse located
in the Mechanical Yard next to the Roundhouse. They also abolished the rest day
relief assignments that performed the work of the abolished position on Saturday
and Sunday. The duties of the assigned position were that of operating a tractor
and trailer delivering supplies in the Coach Yard, Mechanical Yard and Roundhouse
area. Such deliveries involved an area within 500 feet of the Storehouse. While
the Counterman-Stockman-Deliveryman position was in existence, Mechanical Depart
ment employes received their supplies two ways; they either had the supplies
delivered to them by the Counterman-Stockman-Deliveryman, or they went to the
Storehouse to pick up the materials they needed. Following the abolishment of the
Counterman-Stockman-Deliveryman position, it was necessary that Mechanical Depart
ment employes pick up all of their supplies at the Storehouse. The tractor-trailer
used in the delivery of supplies was no longer used at all in the operation.
Award Number 19273 Page 2
Docket Number CL-18103
Petitioner claims that the discontinuance of the delivery violates the
Clerks' Agreement. The record indicates that there has occurred a drastic decline in business, and_a
of delivering supplies to Mechanical Department employes. Picking up of supplies .
at the Storehouse by employes of any craft for their own use has been
a
practice
of long standing. It is uncontested that no other craft has been assigned the
duty of delivering supplies; that they are merely picking up their own supplies.
This, we do not believe, constitutes a violation of the Clerks' Agreement.
We will, therefore, deny the claim.
Third Party Notice as required by T.C.E.U. v U.P. (385 U.S. 157, 1966),
was given to the Railway Employes' Department, AFL-CIO, thus meeting the Third
Party procedural requirements. . `.
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 Acts
as approved June 21, 1934;
1. 1
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 22nd day of June 1972.
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