NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-21493
Robert M. O'Brien, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Boston and Maine Corporation, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8099) that:
1. Carrier violated the Agreement when it assigned Messenger's
duties at East Deerfield, Mass., to Al's Cab of Greenfield, Mass. and
Howard Johnson Motor Lodge.
2. William G. Gardners employee holding Messenger's Seniority
be allowed one (1) day's pay, October 15, 1975 and everyday thereafter
until same is corrected, due to work in question contracted to an outside
taxi cab company. Rate of pay $38.08 per day.
OPINION OF
BOARD: The claimant in this case was an unassigned or spare
employe who was called on an "as needed" basis to
perform extra services or to fill day-to-day vacancies on a regular
messenger/janitor position at Carrier's East Deerfield, Massachusetts
Terminal.
The claim as initiated and progressed to this Board alleges a
violation of Rule 1(a) - Scope because of Carrier's use of a private taxi
company to transport train and/or engine service crews into, out of and
around the East Deerfield terminal.
The record in this case reveals that throughout Carrier's system,
train and engine service crews are transported by several different means
including but not limited to privately owned taxi cabs as well as by
clerical employes assigned to messenger positions. Therefore, the
exclusive right asserted by petitioner in this case must arise from either
the Rules Agreement or the custom, practice and tradition of performance
on Carrier's system.
A review of the Agreement and the record indicates that the
work here in dispute is not the exclusive right of petitioner. Accordingly,
the claim will be denied. See Award Boa. 21339, 19789, 19193, and 72219
of this Division.
Award Number 21485
Docket Number CL-21493
FILINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Page 2
Claim denied.
ATTEST:
ALtzgeolle
Executive Se etary
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of March 1977.
