NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-17122
Robert M. O'Brien, Referee
(Brotherhood of Railway and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6250)
that:
(a) Carrier violated the Clerks' Agreement when effective with the
termination of assignments Friday, February 12 and Sunday, February 14, 1965,
it abolished all five (5) of the Clerical positions in the ticket office at the
passenger depot at Greenville, South Carolina, and in lieu thereof established
four (4) newly created Clerk-Telegrapher positions in the ticket office at the
passenger depot at Greenville, South Carolina, and transferred all of the clerical work to the new C
(b) The involved clerical work be restored to the Scope and operation
of the Clerks' Agreement.
(c) Ticket Agent L. J. Crow, Tick.=t Clerk B. Buie, Account Clerk J.
Q. Metcalfe and Relief Clerk H. M. Ross be compensated at their regular rates
of pay (plus all subsequent wage increases) for February 15, 1965, and each
work day thereafter until the Agreement violation is corrected.
OPINION OF BOARD: Prior to February 12, 1965, there were five ticket positions
and four telegraphic positions at Greenville, South Carolina,
the former covered by the Clerks' Agreement. On February 12 and 14, 1965 all
the ticket positions were abolished and on February 15, 1965, the four telegraphic
positions were abolished. And effective February 14, 1965, four new positions
of Clerk-Telegrapher were established. Thereafter, all the duties assigned to
clerical employes working in the ticket office were transferred to the four new
It is the position of the Organization that Carrier's action was violative of the Clerks' Agreem
Seniority Rules as the work in question was clerical in nature, therefore belonging exclusively to e
The Carrier defends contending that the work in question is not reserved exclusively to Clerks;
thereto may properly be performed by Telegraphers.
i
Award Number 19340 Page 2
Docket Number CL-17122
The Carrier's contentions are well taken. The Organization has
failed to prove by probative evidence that the work in question has been reserved exclusively to Cle
the Clerks ticket selling positions. There was communications work to be
performed which work belongs to Telegraphers. So when Carrier abolished the
Clerks positions and transferred the work to the new Clerk-Telegrapher positions, it did not violate
It is a long-established principle of this Board that the performance
of clerical work by Telegraphers under circumstances such as here is not a
violation of the Clerks' Agreement.
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;
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 14th day of July 1972.