NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20087
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employees
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7239) that:
(1) Carrier violated the rules of the Clerks' Agreement when it
removed Claimants (listed below) from their regularly assigned positions on
dates as shown.
(2) The following named employees shall be paid an additional 8
hours' pay, each date:
E. G. Asher -May 2, 9, 23, 30
June 6, 13, 19, 20, 26 and 27
July 3, 4, 10, 11, 17, 18, 24 and 31, 1971
J. C. Trauthwein - June 6, 12, 13
July 10, 11, 18, 25 and 31, 1971
L. King -June 27, 1971
R. D. Ante -May 30, 1971
J. E. Mayes - June 20 and 26, 1971
J. Parker - July 3, 5, 17 and 25, 1971
R. Turner -July 5, 1971
OPINION OF BOARD: The dispute before us is whether or not Carrier violated
rules of the Clerk's Agreement when Claimants, who were
either regularly assigned Yard Clerks or regularly assigned relief employees,
were instructed by Carrier to do certain work which Claimants contend required
them to perform "janitor duties" when such duties were a part of a regularly
assigned janitor's position.
The facts are that prior to November 20, 1970, Carrier maintained
two Janitor positions at its Hamilton Terminal, which is made up of several
separate yards. On that date these two positions were abolished and one
Janitor's job was created on a seven day basis. The position was filled by
a regularly assigned employee Monday through Friday, and on his rest days,
Saturday and Sunday, extra employees did this work. On May 16, 1971, the
Award Number 19958 Page 2
Docket Number CL-20087
assignment was apparently reduced to six days a week, and an extra employee
filled the Saturday vacancy only. Then on June 6, 1971, the sixth day was
also eliminated, and since that time the regularly assigned janitor has
worked Monday through Friday, and neither of his rest days have been filled.
Claimants contend that at this point they war: removed
from their regularly assigned yard clerical positions and regularly assigned yard
clerical relief position, and required to perform "janitorial" work, which
was a part of the two original Janitor positions and later the new Janitor
position.
In our judgment, there is no evidence in the record to indicate
that Claimants performed such "janitorial" duties as the job title infers,
such as mopping, scrubbing, window washing, or cleaning the facilities such
as the yard office, locker rooms, medical examiner's room, carmen's office-and
toilets. This work was performed by the regularly assigned janitor himself on
his days of duty. When extra employees were used on his rest days they did this
same work. When the janitorial service at Hamilton Terminal was changed, all
yard clerks were instructed to keep the yard offices clean. The record indicates
this amounted to nothing more than picking up trash from the floor and emptying
the waste baskets when necessary,' We do not feel there has been any violation
of the Agreement. Award 10164 (Referee Gray).
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 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:
~~
is.
·xecutive Secretary
Dated at Chicago, Illinois, this 28th day of September 1973.