NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19630

THIRD DIVISION Docket Number CL-19557

Alfred H. Brent, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,

( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:

(St. Louis - San Francisco Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7041)

that:

(1) Carrier violated the Agreement between the parties at Birmingham, Alabama on July 7, 1970 when it used a junior employe on overtime to perform the duties regularly assigned to and performed by the senior employe, Claimant R. M. Andrews.

(2) Carrier shall now compensate Mr. R. M. Andrews for two hours pay at the overtime rate of Position No. 10, Switching Order Clerk for July 7, 1970, rate of pay $28.5899 per day account this violation.

OPINION OF BOARD: The Organization contends that on the date of the claim a
Junior Steno-Clerk performed duties which were assigned to the claimant's position, for which the claimant should have been called to work and asks for payment of two hours at the punitive rate of the Switching Order Clerk position.

The facts in this case are somewhat in conflict. Although the Carrier contends that the Junior Steno-Clerk was authorized to work overtime to perform duties connected with the position of Junior Steno-Clerk, the record indicates that during her regular tour of duty she was required to make out credit letters, which was not one of her duties, and, as a consequence, was required 'and authorized to work overtim record is not material to disposition of this claim.

The record indicates that work which had been assigned to the Switching Order Clerk position since August 1969, under the supervision of the Chief ClerkCashier, was in fact for the Switching Order Clerk position was necessary and was assigned to others outside the class in violation of Rule 4E.

i
I

Award dumber 19630 Page 2

Docket I'unbar CL-19557

FIICDIMS: The T::ird Divi::ion of the Adjustren~. Board, upon the whole record and all the evidcn%e, fii:;a and hold:,:

That the nar~,_,n_ waived oral hearinC;

Tlt;tt the C,rr:.,=r and the )'xx.~loyes i:r:elved in this dispute ere respectively Carrier ;. :; f..:^7.oycs viVtin the r__t:nirg of the lailway Labor Act, as approved jwie 21, 1~;~:;

Thr,t this I:~:;:i.o;~ of the l.djusttco-at Dcard has jurisdiction over the diapute involved hercin; ;:i,d

The Agreement was violated.

A t? A I: D

The claim is sustained.

1rUic:,J, rALLro:!) ArJvSTI7r°r. s:IAnD by Or.fcr of Third Livision

A7T~CT:~ rC-

1:;<.et:tive ..,:_ci.w~,y

Dated at Chict:;;o, Illi.r:^~.^., this 27th dn;r of February 1973.