NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-18602
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6699)
that:
1. The Carrier violated the rules of the Clerks' Agreement when it
removed the work of opening of car doors at the sugar dock at Oakland, California
from employes covered by the Agreement and permitted and/or required this duty to
be performed by employes outside the scope and operation of the Clerks' Agreement.
2. Floyd D. Hillyer, Checker, shall now be allowed a days pay at overtime rate on dates of Septe
31. November 1 and 2nd. 1968.
3. Jack M. Sorensen, checker, shall now be allowed overtime payment
for the following dates:
Hours Claimed Dates
1-1/2 September 6
5-1/2 September 14
2-1/2 September 17 & 18
6 September 20
6-1/2 September 19 & 21
6-1/2 October 8, 9, 10, 11, 12, 15, 17,
18, 19, 24, 25, 26, 29
2-1/2 October 22 & 23
2-1/2 November 5, 6, 12, 13, 19, 20, 26, 27
6-1/2 November 7, 8, 9, 14, 15, 16, 21, 22,
23, 29, 30
Z-I/2 December 3, 4, 10, 11, 17, 18, 24
6-1/2 December 5, 6, 12, 19, 20, 21 of Year 1968
2-1/2 January 7, 8, 14, 15
6-1/2 January 2, 3, 4, 9, 10, 11, 16, 17 & 18
Award Number 19288 Page 2
Docket Number CL-18602
OPINION OF BOARD: The instant claim involves the work of opening car doors of
sugar cars spotted on Carrier's tracks at the sugar warehouse
at Oakland, California. The two positions involved in the dispute are a Checker
Janitor's position with assigned hours, 12 Midnight to 8:00 A.M., working under
the Clerks' Agreement, and a Carman's position with the same assigned hours, work
ing under the Carmens' Agreement. The primary duties assigned to the Checker
Janitor's position are lining and preparing for loading the cars spotted by the
switch engine between 4:00 P.M. and 10:00 P.M. To perform this work prior to
August 1968 he necessarily had to open the car doors. Prior to August 1968 the
Carman on duty would inspect the cars, and any that required repairs were switched
from the track and placed into the Yards where repairs were made by other Carmen.
In August 1968 this procedure was changed and the Carman assigned to
the sugar track was instructed to make any necessary mechanical repairs that he
was capable of performing without removing the cars from the sugar track. This
change eliminated some switching, To make the inspection the Carman necessarily
had to open the car doors. Because of this act, the Clerks' Organization is
claiming that their work was transferred to Carmen. We think not. We think that
the purpose of the Carmen in opening the car doors while the cars were spotted at
the sugar track was for the purposes of making inspections and mechanical repairs
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 Brotherhood of Railway Carmen of the United States and Canada,
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 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.
Award Number 19288 Page 3
Docket Number CL-18602
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,