NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-16213
(Brotherhood of Railway and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Co.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL 5969)
that:
1) Carrier violated the Clerks' Rules Agreement at Davis ict.
Illinois, when it assigned work which was a part of the duties of the Trucker
position to persons not covered thereby.
2) Carrier shall now be required to compensate employe Donald G.
Horn for five hours 20 minutes (5'20) at the overtime rate of Trucker Position
No. 9210 for Sunday, February 28, 1965.
OPINION OF BOARD: The dispute herein involves the failure of Carrier to call
Claimant to assist in the unloading of a corpse at Davis
Junction, Ill., on Sunday, February 28, 1965.
Petitioner concedes that the work involved is not reserved exclusively
to Claimant and the record supports that concession. Petitioner relies on
Rule 1 - Scope; Rule 32 - Overtime and Rule 34 - Notified or Called. While
conceding that the work is not reserved to it, Petitioner contends that Claimant
should have been called to do the work as he performed it when it occurred
during his regular work week. Carrier contends, among other things, that
the Claim has no merit on the basis that the work is not exclusively reserved
to Petitioner.
We are persuaded that where, as here, the Scope Rule is general in
nature merely listing positions and not work, and the work is not reserved
exclusively to Petitioner, the Carrier was under no obligation to call Claimant.
Accordingly, as we find that the Rules relied on by Petitioner do not support
the Claim, it will be denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and 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;
Fa, .
Award
Number 19304
Page 2
Docket Number CL-16213
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement has not been 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 30th day of June 1972.
- . - -__l