NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22945
Martin F. Scheinman, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8810)
that:
1. Carrier violated the agreement between the parties when by
notice dated August 28, 1978, it advised clerical employee C. S. Crabtree,
that the hours of her regular assigned position No. 7C, Chief Claim Clerk
at Kansas City, were being changed from 8:00 a. m. to 4:30 p.m. to 10:30 a. m.
to 7:00 p.m., effective September 6, 1978.
2. Carrier shall now be required to allow Mr. E. L. Flake (who
was improperly displaced by clerk Crabtree) an additional day's pay at the
rate of Cotton Clerk Position No. 4 at West Memphis, Arkansas, beginning
September 25, 1978, and continuing each and every day thereafter until such
time as this situation is corrected.
3. This claim is in addition to any other earnings Mr. Flake may
have during the period September 25, 1978, until the violation is corrected.
OPINION OF BOARD: On August 28, 1978, Carrier announced that effective
September 6, 1978, the hours of Chief Claim Clerk
Position No. 7 at Kansas City, Missouri would be changed from 8:00 a.m. to
4:30 p. m. to 10:30 a. m. to 7:00 p.m. C. S. Crabtree was the regularly
assigned incumbent of that position. On September 5, 1978, Crabtree
advised Carrier that due to the change of hours of Chief C2dim Clerk
Position No. 7, she was exercising her seniority rights and displacing
Claimant E. L. Flake on the Cotton Clerk Position at West Memphis, Septem
ber 14, 1978.
The Organization claims that Carrier violated Rule 17 of the
Agreement by changing the hours of assignment on Chief Claim Clerk Position
No. 7. It contends that Carrier's reason for altering the hours of that
position were not due to service requirements or operational reasons.
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Docket Number CL-22945
Instead, the Employes argue that the change in hours was solely to allow
Crabtree to exercise her seniority rights and bump into Claimant's position
so that she could move to Memphis along with her husband, General Car
Foreman, J. W. Crabtree. Effective September 1, 1978, Mr. Crabtree was
transferred by Carrier from Kansas City to a General Foreman position in
Memphis, Tennessee.
Carrier disputes the Organization's contentions. It maintains
that its actions were appropriate on two grounds. First, the Agreement
between the parties does not require that the hours of assignment on a
position be changed for service reasons. Secondly, the hours of assignment
on Chief Claims Clerk Position No. 7 were changed due to service requirements.
Rule 17 is the primary rule cited by the Organization as having
been violated. It states;
STARTING TIME
Rule 17. (a) Except as otherwise provided in Rule 36~(e),
regular assignments shall have a fixed starting time and
the regular starting time shall not be changed without at
least thirty-six hours' notice to the employes affected.
When the established starting time of a regular position
is changed one hour or more for more than five consecutive
work days, or when either or both assigned rest days are
changed, or where headquarters of a position is moved to
a different station, the incumbent may, within ten days
thereafter, upon thirty-six hours' advance notice,
exercise seniority rights to any position held by a
junior employe. Other employes affected may exercise
their seniority rights in the same manner.
This language is clear and unambiguous. Its import is readily
ascertainable. The only requirement when changing a starting time is that
it "not be changed without at least thirty-six hours' notice to the employes
affected." There is nothing which may be construed to restrict Carrier
to changing starting time only for service reasons. The language of Bile 17
does not suggest any limitation on the reasons why a change may be instituted.
It is undisputed that Mrs. Crabtree was given proper advance
notification. For this reason, we must conclude that Carrier complied with
the dictates of Rale 17. That is, we are persuaded that the manner in which
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Docket Number CL-22945
Carrier gave Mrs. Crabtree a bump is not prohibited by the Agreement.
Therefore, we will dismiss the claim in its entirety.
One last point. The rules of the Agreement are intended to be
interpreted in a uniform and consistent manner. Evenhandedness is the rule.
The Agreement is not intended to be applied to advantage one employe over
another. While we have concluded above that Carrier's actions do not
contravene any specific provision of the Agreement, we feel obliged to
note that Carrier's actions appear sharp and may not foster the harmonious
labor relations desired by both parties.
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: /t;?Aole
(/~
e~cutive Secretary
Dated at Chicago, Illinois, this 22nd day of July 1980.