(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and Station ( Employes PARTIES TO DISPUTE: (The Long Island Rail Road Company



1. The Carrier violated the understanding and provisions of the Clerk's Agreement, particularly,the Scope Rule, Rules 5-A-3, 9-A-11 9-A-2, among others, Memorandum of Understanding ~2, and Agreement rLr47, when it ordered Assistant Agent J. Kguloian and Relief Agent V. Keating, who are not covered by the Clerk's Agreement to perform Group *2 Usher work (train announcing) at Huntington Station (See Attachment "A") from 1:00 p.m. to 9:30 P.m., seven days a week.

2. The Carrier shall pay the senior unassigned extra employe, or if all extra employes are assigned, then the senior employe on his relief day, according to Agreement ,'x,47, names of which are shown on Attachment "B" and/or their successors, a day's pay at the Usher rate of $53.05 per day for the unassigned extra employe, or the punitive rate of time and one-half for the employe unassigned under Agreement A7, effective February 5, 1974, and every day thereafter until the violation is corrected.

OPINION OF BOARD: From February 5, 1974 through April 3, 1974 Carrier
had two agents announcing trains at Huntington
Station. The employes claim a violation of the Scope Rule, Rules 5-A-3,
9-A-1, 9-A-2, and Memorandum of Understanding No. 2 and Agreement No. 47.
The cl4im is for pay for the senior. unassigned extra e:zloye or senior
employe on his relief day.

The employes took the position on the property that station announcement had always been performed by ushers systemwide. Carrier countered by pointing to the fact that trai.-=en make announcements over the equipment on board trains and that a centralized public address system is used for systemwide announcements by a nonrepresented employe. Carrier acknowledged that ushers performed station a.~nouncements but it rejected the conte work at all locations.



It is apparent from the facts in the record that by practice and custom ushers make station announcements, systemwide. The exceptions pointed out by Carrier may be said to "prove the rule." Me claim is concerned with station announcements and reference to on-board announcements by trainmen is irreleva is not used for routine station announcements, and the parties negotiated with reference to its assignment to a nonunion employe. Carrier took the position that the many uses of the centralized public address system required that an employe with an overall knowledge of operations man it and the correspondence between the parties indicates that it was not intended to function for routine train annou:-icements, although it could be used for nonroutine announcements.

Carrier objects that the claim is too indefinite in that it does not specify the claimants by name. A claim may be dismissed for lack of particularity, but a number of cases have held that where the identity of the claimants can easily be established it is not necessary to name them. The record here shows that the identity- of the claimants can be easily determined from the records submitted by the employes, and Carrier's request for dismissal on that ground is denied.

The employes have established that Carrier improperly assigned station ammo-uncementtsin violation of the Agreement. The claim is sustained.

          FINDINGS: The Third Division of the AdjustL-ent Board, upon the whole record and all the evidence, finds and holds:


          That the parties waived oriil hearing;


That the Carrier and the &ployes 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-~Jurisdictior% ~:

over the dispute involved herein; and `,-., '- ;, , .

                                            .., r _ .__.~

          That the Agreement was violated. [. ; , ;. ;; . .

                                      .1


                    P. W A R D ~_.~ j `9,~f A `-'


          Claim sustained. ~


      NATIMAL RAILROAD ADJUSTMu,'NT BOARD By Order of Third Division ATTEST:

          rxecut=ve Secretary


Dated at Chicago, Illinois, this 28th day of February 1977.