NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21695
George S. Roukis, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Pittsburgh and Lake Erie Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8175) that:
(a) Carrier violated the Rules Agreement effective December 1,
1956, and more particularly a supplemental agreement of May 10, 1974,
effective `!ay 13, 1974, when it assigned work accruing to locations other
than the Centralized Agency Office, Pittsburgh, Pennsylvania under the
terms of Section 9, Page 11, and Appendix A, Page 3 of said supplemental
agreement to Claimant B. Loveday, while he was assigned to a position as
General Clerk in the Centralized Agency Office on a total of twenty (20)
dates, November 12, 13, 14, 15, 19, 20, 21, 22, 26, 27 and 29, 1974 and
December 2, 3, 5, 9, 10, 16, 18, 20 and 30, 1974.
(b) Carrier now be required to compensate Clerk B. Loveday for
one additional day's pay at the punitive rate of his assigned General Clerk
position for each of the twenty (20) dazes on which he was required to
perform the work of preparing miscellaneous station service charges billing
which is allocated to various outlying stations by the terms of the aforesaid supplemental agreement
OPINION OF BOARD: Claimant B. Loveday was regularly assigned to a
position of General Clerk in Carrier's Centralized
Agency Processing Office at Pittsburgh, Pennsylvania on the dates in
question.
Petitioner has progressed these claims to this Board on the
premise that the May 10, 1974 Centralized Agency Processing System
Agreement, particularly Sections 7 and 9 thereof, were violated when
Carrier required claimant to prepare certain miscellaneous station service
charges bills for shipments which originated at certain unidentified
outlying points.
Sections 7 and 9 of the May 10, 1974 Agreement provide as
follows:
Award Number 21803 Page 2
Docket Number CL-21695
"7. The advertisement will show the primary duty of
the job as well as a brief general description of the
duties of the positions to be retained or established
in the Centralized Processing Agency under Section 3
of this Agreement, as follows:
"Traveling Agent - Supervision of District No. 24
Clerks in their respective districts, picking up
shipping orders, receipting bills of lading, process
bills of lading and running slips, OS&D reports and
maintain contact with shippers. Territory to be
covered will be indicated on job advertisement as
agreed to by the Superintendent of Stations and
Division Chairman.
"General Clerks - General Clerks assigned to District .
No. 24 offices will have the duties as indicated in
Appendix 'A' hereto, plus operation of I.B.M. equipment
installed at various locations and used in processing
waybills. Handle general reports and telephone.
"Head Clerks - Responsible for operation on the trick
assigned, handle general reports, inquiries and telephone.
"Stenographer-Clerk - Shorthand and typing, general
correspondence, and office reports, inquiries and
telephone."
"9. After the new system provided for herein is in
operation, the Carrier recognizes its obligation to
negotiate with the Clerks' Organization before transferring any work from one station to another or
outlying offices to the Pittsburgh Office or for the
establishment of a new system."
Carrier, on the other hand, asserts that the work item #20 -
"Prepare miscellaneous station service charges" is common to all General
Clerk positions both at outlying points as well as at the centralized
office at Pittsburgh; and, that, in these instances, the miscellaneous
station service charges involved were created by and incidental to
waybill corrections which were made at the Pittsburgh office.
It is not disputed by petitioner that work item #25 - "Check,
prepare and issue corrections on outbound waybills and post same on
Auditor's copy" is performed only at the Pittsburgh centralized office.
Award Number 21803 Page 3
Docket Number CL-21695
Our review of the entire record before the Board leads us to
the conclusion that Carrier's position in this dispute is both logical
and correct. There is no question but that, under the terms of the
May 10, 1974 Agreement, the preparation of miscellaneous station service
charges bills which occur at outlying points incident to the processing
of waybills at and for such outlying point shipments accrues to the
General Clerk positions at those outlying points. However, we are
equally convinced that the bills for the miscellaneous station service
charges here involved were generated by the performance of a work item
which accrues only at the centralized office at Pittsburgh. Therefore,
the preparation of the bills for such miscellaneous station service
charges was properly handled by the General Clerk positions at the
Pittsburgh office.
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:~1 y
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1977.