NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Humber CL-19212
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Hnployea
PARTIES TO DISPUTE:
(Boston arid Maine Corporation
STATEMENT OF CLAIM
: Claim of tae Syate,a C(rmittze
of
the Brotherhood
(GL-6944)
that:
1. Carrier violated the rules of the Clerks' Agreement, effective
September 1,
1952,
as amended, particularly Rule 1 when on Saturday, March
25, 1970
it permitted janitorial work to be performed by employees not entitled thereto at its passenger stat
2. Carrier show now be required to pay D. Simoneau six and one-half
(6z) hours pay, at the punitive rate for M rch
25, 19'70.
OPINION O' HOARD
:. - The herein claim seeks overtime payment for the Janitor
at the Lovell., Massachusetts passenger station account a
Car Inspector, an employe working under a different Craft's Agreement, cleaning the station floor du
1970.
It
is uncontested in the record that the work in dispute was performed by the
Car Inspector. Carrier does not deny the subject work canes under the scope
of the Clerks' Agreement; and furthermore, they concede that the cleaning of
the station floor at Lovell, Massachusetts is not,part of the duties of a
Car Inspector from the Mechanical Department. Carrier points out, however,
that on the night in question the third trick. Car Inspector came to work and
having no work to perform on Budd cars, decided that the station floor needed
cleaning and he washed it entirely on his own.
In Award
10549
this Board considered a claim involving the voluntary
and unauthorized act of an employe of one craft performing the duties of an
employe of a different craft. In that Award we dismissed the Claim, holding
in part:
"The
record indicates that there was only one parlor
car in service on Train Bo.
15
on October 10,
1957,
and
tbat
a porter-in-charge, in keeping with the provisions
of Rule
52,
was properly in charge of that car. The
record also indicates that it was the function of the
porter-in-charge to pick up the parlor ear tickets of
passengers in Car P-30. Consequently, Train Conductor
Holden's act was not only unauthorized but also improper.
Award Number 19472 Page 2
Docket Number CL-19212
"The Carrier had never instructed Train Conductor Holden
to pick up parlor car tickets. Furthermore, such work
was outside the scope of Holden's job duties. To hold
the Carrier responsible for Holden's voluntary, unauthorized act would be to place the Carrier in an
position and subject it to absurd and limitless claims."
We will follow that reasoning here and dismiss the Claim.
F121DIMS: 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 Kployes 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
f
That the Claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
2C040-
92
__ J
Executive Secretary
Dated at Chicago. Illinois, this 30th day of October 1972.