NATIONAL RAILROAD ADTUST11M?T BOARD
THIRD DIVISION Docket Number CL-21112
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and Station
( Employes
PARTIES TO DISPUTE:
(The Long Island Rail Road Company
STATEMENT OF CLA324: Claim of the System Committee of the Brotherhood
(GL-7$59) that:
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.
Award Number 21432 Page 2
Docket Number CL-211-12
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
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That the Agreement was violated.
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P. W A R D ~_.~ j `9,~f A `-'
Claim sustained.
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NATIMAL RAILROAD ADJUSTMu,'NT BOARD
By Order of Third Division
ATTEST:
rxecut=ve Secretary
Dated at Chicago, Illinois, this 28th day of February 1977.