NATIONAL RAILROAD ADJUST:Err BARD
THIRD DIVISION Docket Number CL-22065
(Brotherhood of Railvay, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES
TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CIA114: Claim of the System Committee of the Brotherhood
(GL-8353)
that:
"(1) The Carrier violated the Agreement at Grafton, West
Virginia on September 2,
1974
(Labor Day Holiday), when it failed to
afford B. L. Jones and P. W. Reed preference to parform the work
required of their assigned positions in "GE" Relay Office, and
(2) Carrier shall, as a result, compensate Claimant
B.
L.
Jones $46.55, the pro rata daily rate of his position, for the Holiday
of September 2,
1974,
and
(3)
Claimant P. W. Reed shall be compensated $45.26, the
pro rata daily rate of his position, for the Holiday of September 2,
1974. "
OPINION OF BOARD: The Monongah Division timetable lists the three
points located within the Grafton Terminal, with
East Grafton and the "GN" Tower located some 2.2 miles from Grafton
and its "GR" Relay Office, and D Tower located 0.1 miles west of the
"GR" Relay Office. The "GR" Relay Office is a location where there
exists three Wire Chief-Block Operator positions performing continuous
around-the-clock service. At the "D" Tower location there exists
three Block Operator positions.("" positions) performing continuous
around-the-clock service.
The
Claimants,
Mr.
B.
L. Jones and Mr. P. W. Reed, held
regular assignments in the "GE" Relay Office. Mr. Jones held the
first trick assignment as Manager-Wire Chief and Mr. Reed held the
Third Trick assigned as Wire Chief-Operator.
By
notice dated August 30,
1974,
the Carrier's Trainmaster issued the following directive concerning
the Labor Day holiday:
Award Number 22185 Page 2
Docket Number CL-22065
ALL C CuiC:at:7ED
z- tween the hours 7:00 A.14. Monday, September 2~
e
1974 and 7:00 A.M. Tuesday, September 3, 1974,
Grafton "GR" Relay Office will be closed, Westbound
crams 'will pick up their clearance Form A and orders
at "D" Tower d-; rirg these hours.
3e governed accordingly.
During the period
in
which the "G R" Relay Office was closed under the
August 30, 1974 directive, Caeraticns at "D" Tower handled the below
listed duty for Westbcumd trains originating at Grafton, as follo·qs:
Trains cleared at D Tower Sept. 2, 1974 CW Engine
3758-6952 3701-3767-4146 cared for 3:10 F24, Conductor
Goodwin, Engineer Cooper, no fire-An 529001, :ore "A"
71o orders, one message which stated - You have
rii
Cube
cars in your train. Form "A" Time OX 2:12 <.f. Train
departed D Tower 4:02 Pi.
Train cleared at "D" Tower Grafton, W. Va., Sent. 3
1974 CI 97 called for 2:00 A3i, Conductor Friend, Engineer
Farr, 110 fireman 52802 Engines 3763-4153-4100-3724-3696,
No orders, one message which stated - You have Hi Cube
cars in your train. Sigaed SFM. Form "A" Ti=e OX 1:47
AM. Train departed "D" Tower at 2:55 AIi.
The Organization contends that the Claimants from the "GR"
Relay Office normally, customarily and regularly performed the work in
question until it was diverted to the "D" Tower far the 24-hour Labor
Day Holiday. The Organization contends that on the facts of this case
Rule 4(b-2) of the Agreement was violated.
The Carrier contends that no work exclusively assigned to the
Claimants was perform-..=d on September 2, 1974; that tae GR Relay Office
was closed on the holiday, and no emnloye entered the office to perform
work. The Carrier contends that no Wire Chiefs' work was performed by
any employe on this date. The Carrier contends that there is no rule
Award Number 22185 Page
3
Docket Number CL-22065
in the June 4, 1973 Agreement which prohibits the Carrier from issuing
orders to train crews through an open telegraph office. The Carrier
contends that even had the Claimants been used to perform the work on
the holiday, they would have been due but four hours' pay under Rule
8(c).
The Carrier contends that no work was performed by the Operators
at either "GN" Tower or "D" Tower that belonged to the Claimants. The
Carrier contends that the work of handling Train Orders was common to
the assignments of the Operators at all three towers at Grafton. The
Carrier con~te~'nds the claim is identical in principle to that involved
in ~"ard
21~p', and that both claims
represent nothing more than
an effort on the part ox the Petitioner to dictate which tower will be
used to relay specific orders.
The burden of proof is on the Organization in the instant
case. In the General Chairman's November 27, 1974 letter to the
Director of Labor Relations, he asserted that the work in question was
normally, regularly and exclusively performed by the Claimants, and
called the Carrier's attention to the Carrier's August 30, 1974 directive.
Referring to the September 10, 1976 letter of the Director of Labor
r'e'lations declining the claim after conference, there is no denial that
Westbound crews on a regular work day pick up their clearance Form A
and orders at the "GR" Relay Office. Nor did the Carrier state that
the operators at "D" Tower, to whom the work was assigned on Labor Day,
had in the past performed the specific work in question. The September
September 10,
1976
letter does state in part:
"...',while it may well. be true that the Claimants
on days that they work vere lih2-aise used to issue
orders to crews there was nothing improper in having
such work done by Operators at other towers on the
date of the claim
...."
While sude
a
statement is ambiguous, it clearly is not a denial of the
,',specific factual. assertions of the General Chairman concerning the
handli.ng.of the work'in question. The Carrier offered no explanation
for the August:30, 1974 Notice closing the "GR" Relay Office for the
Labor Day holiday, where it advised that Westbound crews would be
xequired to, pick up clearance Form A and orders at "D" Tower during
tbe:holiday period. Absent any contrary evidence or explanation, we
find that 'the work identified in the Notice, which was assigned to
"D" Tower for the holiday in question, was work normally and usually
handled by the operators at the closed office. In the Carrier's
Submission it is stated:
Award Number 22185 page
4
Docket Number CL-22065
"As Carrier has stated ....None of these towers is
allotted specific train orders to handle."
Clearly there is no evidence in this record that the Carrier made such
a statement on the property. And, the Carrier's Submission does not
set forth any foundation for this assertion before the Board. As such
it cannot change our finding that the Organization has met its burden of
proof.
We find that the specific work performed by the operators at
"D" Tower set forth previously is work which on a regular work day
would have been performed by the Claimants. Since the work on a holiday
of a position belongs to the regular incumbent of that position as work
required on an unassigned day, we will sustain the instant clams. See
Award 21944, referred to in the Carrier's Rebuttal, in anich this
Division recently sustained that claim. See also Public Law Board
No. 153, Award No. 1.
The Carrier contends that the Claimants in any event are due
but four hours` pay under Rule 8(c). We agree.
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 Rmployes 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
$~
Wis.
over the dispute involved herein; and
That the Agreement was violated.
SEP 2 21979
C6 ~~c.
A W A R D cogo
Off
Claim sustained, but for four hours'pay at the time and one-half
rate of nay.
NATIONAL RAILROAD ADJUST:0FT BOARD
By Order of Third Division
ATTEST:
~.,! ~ ~s~-
~/f~
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August
1978.