NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-17727
(Brotherhood of Lailway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employees
PARTIES TO DISPUTE:
(Penn Central Company Southern Region
( (Formerly New York Central Railroad - Southern District)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6441)
that:
1. Carrier violated the Rules Agreement, specifically Rule 1 and the
February 7, 1965 Agreement, at Urbana, Illinois, on August 3, 6, 7, 8, 9, 10, 13,
14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 27, 28, 29 and 30, and September 2, 3, 4
and 5, 1966 when it assigned to Telegraph Operators the work of calling crews,
work that has been exclusively and historically performed by Clerk-Callers who
are covered by the Clerks' Agreement.
2. Carrier shall now be required to compensate Mr. J. W. Gossett for
a two-hour call at rate of $22.673 per day for each and every day as listed above.
3. Carrier shall now be required to assign to employees within Clerks'
Agreement all duties of calling crews and all related work.
OPINION OF BOARD: The dispute in this case involves the question of whether
or not Clerks have the exclusive right to crew-calling work
where Clerks are not employed or are not on duty at the time a crew is needed.
In the instant dispute, Carrier has used Telegraphers to perform the work of
crew-calling on the claim dates. The Organization contends that under the Scope
Rule and because of past history prior to July 20, 1966, Clerks exclusively per
formed crew-calling duties. Carrier contends that this type work is not ex
clusive to Clerks. The Organization further contends that this assignment of
work to Telegraphers is in violation of Article III, Section 1, of the Mediation
Agreement dated February 7, 1965.
The record in this dispute discloses that Telegraphers have historically
performed crew-calling work at various points on this property, including Urbana,
Illinois. Crew-calling by Telegraphers in this instance does not constitute a
violation of the Clerks' Agreement. This claim will be denied.
Award Number 19402 Page 2
Docket Number CL-17727
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 Adjiistment 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 130ARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of September 1972.