NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-18665
Melvin Rosenbloom, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:(
(Southern Pacific Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6768)
that:
(a) The Southern Pacific Company violated the current Clerks' Agreement at Dunsmuir, California,
deliberately used Guaranteed Extra Board Clerk Mrs. P. W. Gilzean on positions
for which she was admittedly not qualified; and,
(b) The Southern Pacific Company shall now be required to make the
following compensatory allowances.
1. E. Beck, GEB Clerk, eight (8) hours additional compensation
at straight time rate each date July 15, 16, 17, 18 and 19,
1968, on Position No. 162, Crew Dispatcher, assigned hours 4:00
p.m. to 12 mn, rate $27.1489 per day, rest days Saturday and
Sunday.
2. M.J. Acosta, GEB Clerk,eight (8) hours additional compensation at straight time rage, each da
30, 31 and August 1, 4, 5, 6, 7 and 8, 1968 on Position No. 176,
Crew Dispatcher, assigned hours 4:00 p.m. to 12 mn, rate $27.1489
per day, rest days Friday and Saturday, and eight (8) hours additional compensation each date August
Position No. 163, Crew Dispatcher, assigned hours 12 mn to 8:00
a.m. rate $27.1489 per day rest days Wednesday and Thursday.
3. T. A. Barber, Engine Crew Dispatcher eight (8) hours at time
and one-half rate, each date August 24, 25 and 26, 1968 on Position No. 163, Crew Dispatcher, assign
rate $27.1489 per day, rest days Wednesday and Thursday.
4. C. U. Taylor, Engine Crew Dispatcher eight (8) hours at time
and one-half rate each date August 27, 30, 31 and September 1 and
2, 1968 on Position No. 163, Crew Dispatcher, assigned hours 12
mn to 8:00 a.m., rate $27.1489 per day, rest days Wednesday and
Thursday.
Award Number 20021 Page 2
Docket Number CL-18665
OPINION OF BOARD: Mrs. P. W. Gilzean was a Guaranteed Extra Board employee
who performed service in the Carrier's crew dispatcher's
office during relevant times. The genesis of the dispute herein is the is
suance of the following instructions by Carrier's Trainmaster:
"Have this date given you copy of letter instructing Mrs. Gilzean
that she is not to drive Company owned or leased vehicle after
hours of darkness nor is she to perform outside functions after
darkness.
Inasmuch as there are two regular assigned Crew Dispatchers on all
shifts, with additional help at various other times, it must be
understood that the calii:.g of crews or the hauling of crews is
not assigned to any specific Crew Dispatching job.
When Mrs. Gilzean
ie
occupying a vacancy on either board for which
she is qualified, the ;.:her Crew Dispatcher on duty will be required
to drive Company vehiLld and call crews during night time hours.
Mrs. Gilzean is to be peccitced to stay in the Crew Dispatchers office
and handle the inside work."
Claimants contend that ariving at night for the purpose of calling or
hauling crews is an integral and necessary element in the duties of a Crew Dispatcher. They asse
go
fitness or ability to merit her assignment to the job of Crew Dispatcher,
Claimants assert that outside calling duties have traditionally been
performed by employees serving on the train board. Thus, they maintain, on the
occasions that C'411zean served .:r. t',ie train board the more senior engine board
employees were imposed upon to tha extent that they were required to perform the
outside work that Gilzean should have performed. This appears to be the principal complaint of organ
as an assertion that Gilzean was u:.qualified to perform the duties of Train Crew
Dispatcher and Claimants should Nave been assigned in her stead. There is a most
confusing inconsistency in ti:e position of Claimants, however, in that they claim
that they should have been assigned in lieu of Gilzean even during times that
Gilzean served on the engine board. The strain of Claimants' argument is that
only the dispatcher on the train board is obligated to perform the outside work.
It would appear then that it would follow that being able to perform the outside
duties was not a requirement for service on the engine board.
The position of Carrier is no more clear or consistent than Claimants'.
Essentially, Carrier maintains that engine board employees are not free of the
responsibility to perform outside work. Indeed, the main thrust of Carrier's
argument is that all Crew Dispatchers -- train board or engine board -- are required to perform oiic
is how it follows from the foregoing assertion that Gilzean was properly exempted
from that requirement.
Award Number 20021 page S
Docket Humber CL-18665
FINDIMS: The Third Division of the Adjustment Board# upon the whole raeord
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier end 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 Baerd has jurisdiction over the
dispute involved herein; and
Claimants did not clearly establish the nature of the violation claimed
or the relief requested and did not prove that Carrier violated the Agreement.
A W A E D
Claims denied.
NATIONAL RAILROAD ADJtIS%79NT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois,
tbis
31st day of October 1973_