NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21776
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-8174, that:
(a) The Carrier violated the Rules Agreement effective
December 1, 1956, and more particularly a supplemental agreement of
May 10, 1974, effective May 13, 1974, when it assigned work accruing to
locations other than the Centralized Agency Office to the claimant
B. Loveday while assigned to a position in the Centralized Agency Office,
(work originating at McKeesport, Aliquippa, and Becks Run, Pennsylvania
(on November 11, 13, 18, 25; December 5, 12, 1974, instead of having
work performed in accordance with Article I paragraphs (2), (3) and (6)
of this Agreement.
(b) The Carrier now be required to compensate Clerk B. Loveday
for one additional day's pay, at the punitive rate of his assigned position,
for each of the six dates, listed above, on which he was required to
perform work allocated to the aforesaid outlying points (Aliquippa,
McKeesport and Becks Run, Pennsylvania).
OPINION OF BOARD: Claimant in this case was regularly assigned as a
General Clerk in Carrier's Centralized Agency
Processing Office at Pittsburgh, Pennsylvania. The claims here were
presented and progressed to our Board on the basis that claimant was
required to perform waybill work involving shipment of hot metal cars
which work should have been performed at the outlying points named in
the Statement of Claim under the provisions of Centralized Agency Process
ing Agreement of May 10, 1974.
Carrier argues that the preparation of waybills for hot metal
car shipments has always been performed at the Pittsburgh Central Office
both before the May 10, 1974 Agreement and subsequent thereto. This type
of handling, Carrier asserts, is necessary because of the unusual nature
of the hot metal movements and the variable factors which go into the
billing for these movements which are not available at the outlying
originating point. Therefore, the hot metal car shipments are not
Award Number 21804 Page 2
Docket Number CL-21776
waybilling "for traffic originating" as contemplated by and referred to
in the May 10, 1974 Agreement as accruing to the employes at the outlying
originating points listed in the Agreement.
Petitioner acknowledges that the work of preparing waybills for
hot metal cars "under the same unusual conditions has prevailed for many
years" and was performed at the Pittsburgh office prior to the May 10, 1974
Agreement. However, petitioner now contends that the work should have been
transferred to the outlying points with the adoption of the May 10, 1974
Agreement.
Carrier's argument in this case is more persuasive. The parties
to the May 10, 1974 Agreement have both recognized that hot metal car
movements are unique and require unique handling of the waybilling for
such movements. Petitioner has not advanced any convincing evidence to
the contrary. Rather, it relies on statements of changes in operations
which it now says-should have been made This Board has repeatedly said
that: "* * * In order to prevail the moving party must establish its
claim by a preponderance of probative evidence. * * *." (Award No. 20290).
That has not been done here.
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.'
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A W A R D
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Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1977.