NAL RAILROAD ADJUST."d;NT BOARD
THIRD DI1rISION Docket Number CL-21962
George S. Roukis, Referee
(Brotherhood of Railway, Airline and
( Stea:aship Clerks, Freight Fandlers,
( Express and Station Employes
PARTIES TO DISPUTE
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-83o4, that:
"1. Carrier violated the Agreement when it failed to pay rate
of time and one-half, clerk-operator rate, to :4r. W. G. Williams, for
working clerk-operator position, Robbins, S. C. on the Florence
Division, on dates of June 19 and 20, 1975,.8AM to 4 P"4.
2. Carrier shall compensate W. G. Williams, difference in
pay between straight-time and time and one-half, at clerk-operator rate,
for dates of June 19 and 20, 1975, $ AM - 4 PM."
OPINION OF BOARD: The pivotal question in this dispute is whether or
not a guaranteed extra board employe within the
definitional context of this agreement can be considered a regularly
assigned employe.
Accordingly, we have carefully reviewed the language of
Rule
18
(f) which provides the methodological procedures for establishing
,guaranteed extra boards and the April
18,
1975 implementing Memorandum
of Agreement ,Which details the specific workplace standards and
practices germane to this employment category.
While we recognize the persuasive similarities between extra
board and regularly assigned employes, particularly, the initial
-bulletined assignments, displacement rights and assigned headquarters
points., we .also recognize significant differences. For instance, after
the initial bulletined assignment, extra board positions are then
filled pursuant to the seniority requirements of Rule 17. This change is
distinguishable from the repetitive bulletined procedures of regularly
assigned employes. Moreover, the language of the April 11, 19175
Memorandum emphasizes the rotational nature of extra board employes' work
assignments.
Award Number 22182 Page 2
Docket Number CL-21962
In the instant case, claimant was working in a position that
was under bid. It was not a permanent assignment. Instead, it
reflected the variability characteristics of extra board employes.
Conversely, we are also mindful. that extra board employes
are provided with stronger employ~nnt protections than unassigned
employes. But these hierarchical superior distinctions are not the
functional equivalents of the regularly assigned employes.
We have no record of any specific past practice or
demonstrable understanding that would suggest otherwise.
The language of Rule
65
and its subsequent interpretative
construction by the March 27, 1975 Memorandum of Agreement pertains exElusively to regularly assigne
employes are not de facto analogous to regularly assigned employes,
its application herein is moot. We will deny the claim.
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.
Y'E C EI VED
A W A R D
SEP 2 2
Claw denied.
ED
office
NATIONAL RAILROAD ADJUSTMENT BOARD
ATTEST:J~ By Order of Third Division.
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1978.