NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21600
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Pittsburgh & Lake Erie Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8134, that:
(a) The Carrier violated the Rules Agreement, effective
September 1, 1946 as amended, particularly the Agreement of May 10, 1974,
effective May 13, 1974, when it assigned and permitted the Traveling Agent
E. M. Revay to operate IBM Billing Equipment at Aliquippa Freight Office,
Aliquippa, Pennsylvania on August 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19,
20, 21, 22, 23, 26, 28, 29, 30, September 2, 3, 4, 5, 6, 9, 10, 11, 12,
13, 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 30, October 1, 1974 and each
subsequent date until such violation is corrected. Claimant is qualified
to perform this work.
(b) Carrier now be required to compensate Clerk K. R. Slutiak
at the punitive rate of the General Clerk position for each of the named
dates and all subsequent dates on which said violation has occurred until
said violation is corrected and discontinued.
OPINION OF BOARD: Pursuant to a December 11, 1967 Agreement, a
centralized Agency Processing System was established,
and under Section II(a) thereof, a brief general description of the duties
of a Traveling Agent position was shown as:
"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, maintain contact
with shippers and general duties as assigned.
Must have own transportation. Territory to be
covered will be indicated on job advertisement."
(Underscoring supplied)
On May 10, 1974, various modifications in the Centralized Agency
Processing System were agreed to, and pursuant to Section 7, a brief
general description of the duties of a Traveling Agent position was listed
as:
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Docket Number CL-21600
"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."
Of course, we have noted the deletion of the phrase, "and
general duties as assigned" from the last-quoted language, and the crux
of this dispute centers around said deletion.
We note, from the claim, that the asserted violation occurred
at Aliquippa, Pennsylvania when the Traveling Agent assigned at that
point operated the IBM billing machine incident to the performance of
his Agent's duties at that location. The Claimant, who - during the
u
pertinent period - was assigned as a General Clerk (Pittsburgh
centralized office or McKees Rocks Agency), on the Extra List, or as
Relief Traveling Agent, contends that such utilization of IBM billing
equipment by a Traveling Agent violated the May 10, 1974 Agreement.
The Board has made an extensive examination of this record
and has considered the assertions advanced by both parties. It is
our conclusion that Claimant's emphasis upon the absence of the words,
"and general duties as assigned" in the later Agreement is misplaced.
The Agreement only provides that the advertising bulletin for Traveling
Agent positions "will show the primary duty of the job as well as a
brief general description of the duties." A listing of a primary duty
and a brief general description of duties does not thereby automatically
exclude other related duties which may be performed by the incumbent
of the position on an "as needed" basis. Of course, the Claimant does
not refute the fact that waybill preparation has historically been
performed by Agents.
We have also noted that all of the employes involved herein
are covered by the same Scope Rule and that no one other than employes
subject to that rule have been used to perform any of the disputed work.
Upon a consideration of the entire record, we are unable to
find a basis in the May 10, 1974 Agreement - or elsewhere - to support
this claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
T
Award Number 21807 Page 3
Docket Number CL-21600
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: AO d"M
00
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1977.