NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-17330
Robert M. O'Brien, Referee
(Brotherhood of Railway and Steamship Clerks
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Southern Pacific Company (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6335)
that:
(a) The Southern Pacific Company violated the Agreement between
the parties when on September 28, 1963, it required and/or permitted an
Assistant General Yardmaster to perform yard clerk work instead of calling
and using Yard Clerk George Keiser who was off duty on one of his rest days,
available and willing to perform the required work; and,
(b) The Southern Pacific Company shall now be required to allow
Mr. George Keiser eight (8) hours' additional compensation at the time and
one-half rate of yard clerk for September 28, 1963
OPINION OF BOARD: On September 28, 1963, Assistant General Yardmaster D. C.
Downs, not covered by the Clerks' Agreement, while working
out in the yard, made a check of certain cars jotting down their numbers and
indicating opposite the car numbers their respective disposition.
The Organization contends this constituted yard check work which
work is reserved to Clerks by the Clerks' Scope Rule. The Carrier alleges
that the work in question was not yard check work, and even if it was, Claimant does not have an exc
We are of the opinion that when Assistant General Yardmaster Downs
made the check in question and subsequently gave this information to an Engine
Foreman so that the Foreman could perform switching in the area, such work
constituted clerical work reserved to the Clerks' Organization. The yard
check was not merely incidental to the duties of the Assistant General Yardmaster. It was work custo
the work to be performed by the Assistant General Yardmaster, this constituted
a violation of the contract, and therefore the claim will be sustained.
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:
I
Award Number 19317 Page 2
Docket Number CL-17330
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June 1972.