NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19961
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline 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-7159)
that:
(a) Carrier violated the Agreement at Washington, D. C., when it
required "excepted" employes to perform work which for many years has been
performed by scheduled employes.
(b) Mrs. Eleanor Bowman and Mrs. Gertrude Johnston, Stenographers,
shall be compensated for eight hours' pay each at the time and one-half rate
of pay for the following dates; February 13, 14, 15, 21, 23, 26, 27, 28, 29,
March 1, 4, 5, 6, 8, 13, 15, 19, 20, 22, 28, 29, April 1, 4, 10 and 11, 1968.
OPINION OF BOARD: Claimants in this matter were stenographers in the steno
graphic pool in the Office of Administrative Services of
the Carrier in Washington, D. C. Starting in February 1968, two excepted em
ployees, secretaries to two officials, typed certain Financial Statements for
the stockholders' meeting.
The Organization contends that the work in question should have been
assigned to Claimants whereas the Carrier argues that there is no contractual
restriction for the assignment of the work in question to excepted personnel.
The Scope Rule in the applicable Agreement does not define the work to be
performed by the covered positions. The most relevant Rules are as follows:
"Rule 1--Scope (Revised, effective October 1, 1938)
These rules shall govern the hours of service and working conditions of employees described in t
in general and district offices, and similar employees in offices
and operations under jurisdiction of other officers and subordinate officers in the various departme
GROUP ~1, Clerks-(a) Clerical Workers, and
(b) Machine Operators, all as hereinafter
defined in Rule 2."
Award Number 19923 Page 2
Docket Number CL-19961
"(b) (Revised, effective October 1, 1938) This agreement does
not apply to forces in immediate office of President, VicePresidents or General Managers, or their e
offices; nor to employees performing duties of a direct and confidential nature in immediate offices
Officers or their equals or superiors, including Chief Clerks,
Stenographers, File Clerks, nor to other positions therein which
have heretofore been agreed upon as excepted, nor to Chief Clerks
or personal stenographers of divisional officers or their equals,
except Roadmasters or Storekeepers (Roadmaster's Chief Clerk is an
excepted position); nor to employees assigned to road ser--.ce where
special training, experience and fitness are necessary; nor to
other positions of a direct and confidential nature hereafter mutually agreed to be excepted; nor to
Ticket Agents in uptown or outside ticket offices; nor to employees
now covered in existing agreements. It is intended that duties
and responsibilities shall govern. The employees covered by this
paragraph and paragraph (c) of these exceptions shall, however,
retain their seniority rights as provided in this agreement."
"Rule 2--Definition of Each Group of Employees as Covered by
Respective Sections of Scope Rules
(a) (Revised, effective October 1, 1938) Clerical Workers -
Employees who regularly devote not less than four (4) hours per
day to the writing and calculating incident to keeping records
and accounts, rendition of bills, reports and statements, hand
ling of correspondence and similar work, including Depot Ticket
Agents and Depot Baggage Agents."
Petitioner asserts that the question essentially is whether or not
employees of the stenographic pool have the right to perform work which they
have performed over a period of years, in preference to employees in excepted
positions. It is further stated that the work in question is normal schedule
work for which the stenographic pool is maintained. The Carrier maintains that
there is no typing or stenographic work which is assigned solely and exclusively
to employees in the stenographic pool. Carrier further states that the type of
work in question, typing of certain financial statements, had been done in the
past by both excepted employees and pool stenographers.
It is well settled by a long series of Awards that under a Scope Rule
such as that quoted above, if the employees claim certain work, they must prove
that the work by tradition, custom and practice is reserved to the class of
employees concerned (see Awards 19339, 14075, 15890, 16452, and 16825 among others).
In the matter before us, no such proof has been offered. Since the record indi
cates Petitioner has failed to sustain its burden of proof, we must deny the cl
r
Award Number 19923 Page 3
Docket Number CL-19961
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 Agreem:nt was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
40,
Dated at Chicago, Illinois, this 7th day of September 1973.
i
NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 19923
THIRD DIVISION Docket Number CL-19961
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline 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-7159)
that:
(a) Carrier violated the Agreement at Washington, D. C., when it
required "excepted" employes to perform work which for many years has been
performed by scheduled employes.
(b) Mrs. Eleanor Bowman and Mrs. Gertrude Johnston, Stenographers,
shall be compensated for eight hours' pay each at the time and one-half rate
of pay for the following dates; February 13, 14, 15, 21, 23, 26, 27, 20, 29,
March 1, 4, 5, 6, 8, 13, 15, 19, 20, 22, 28, 29, April 1, 4, 10 and 11, 1968.
OPINION OF BOARD: Claimants in this matter were stenographers in the steno
graphic pool in the Office of Administrative Services of
the Carrier in Washington, D. C. Starting in February 1968, two excepted em
ployees, secretaries to two officials, typed certain Financial Statements for
the stockholders' meeting.
The Organization contends that the work in question should have been
assigned to Claimants whereas the Carrier argues that there is no contractual
restriction for the assignment of the work in question to excepted personnel.
The Scope Rule in the applicable Agreement does not define the work to be
performed by the covered positions. The most relevant Rules are as follows:
"Rule 1--Scope (Revised, effective October 1, 1938)
These rules shall govern the hours of service and working conditions of employees described in t
in general and district offices, and similar employees in offices
and operations under jurisdiction of other officers and subordinate officers in the various departme
GROUP .1. Clerks-(a) Clerical Workers, and
(b) Machine Operators, all as hereinafter
defined in Rule 2."
Award Number 19923 Page 2
Docket Number CL-19961
"(b) (Revised, effective October 1, 1938) This agreement does
not apply to forces in immediate office of President, VicePresidents or General Managers, or their e
offices; nor to employees performing duties of a direct and confidential nature in immediate offices
Officers or their equals or superiors, including Chief Clerks,
Stenographers, File Clerks, nor to other positions therein which
have heretofore been agreed upon as excepted, nor to Chief Clerks
or personal stenographers of divisional officers or their equals,
except Roadmasters or Storekeepers (Roadmaster's Chief Clerk is an
excepted position); nor to employees assigned to road ser·;_ce where
special training, experience and fitness are necessary; nor to
other positions of a direct and confidential nature hereafter mutually agreed to be excepted; nor to
Ticket Agents in uptown or outside ticket offices; nor to employees
now covered in existing agreements. It is intended that duties
and responsibilities shall govern. The employees covered by this
paragraph and paragraph (c) of these exceptions shall, however,
retain their seniority rights as provided in this agreement."
"Rule 2--Definition of Each Group of Employees as Covered by
Respective Sections of Scope Rules
(a) (Revised, effective October 1, 1938) Clerical Workers -Employees who regularly devote not le
day to the writing and calculating incident to keeping records
and accounts, rendition of bills, reports and statements, handling of correspondence and similar wor
Agents and Depot Baggage Agents."
Petitioner asserts that the question essentially is whether or not
employees of the stenographic pool have the right to perform work which they
have performed over a period of years, in preference to employees in excepted
positions. It is further stated that the work in question is normal schedule
work for which the stenographic pool is maintained. The Carrier maintains that
there is no typing or stenographic work which is assigned solely and exclusively
to employees in the stenographic pool. Carrier further states that the type of
work in question, typing of certain financial statements, had been done in the
past by both excepted employees and pool stenographers.
It is well settled by a long series of Awards that under a Scope Rule
such as that quoted above, if the employees claim certain work, they must prove
that the work by tradition, custom and practice is reserved to the class of
employees concerned (see Awards 19339, 14075, 15890, 16452, and 16825 among others).
In the matter before us, no such proof has been offered. Since the record indi
cates Petitioner has failed to sustain its burden of proof, we must deny the cl
Award Number 19923 page 3
Docket Number CL-19961
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 Agreem:nt was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
A."cutive Secretary
Dated at Chicago, Illinois, this 7th day of September 1973.
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