NATIONAL. RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
George S. Roukis, Referee
Award Number 23053
Docket Number CL-22974
Brotherhood of Railway, Airline & Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Chesapeake.and Ohio Railway Company
STATEMENT OF CIAIM: .Maim of the System Committee of the Brotherhood
(GL-8834) that:
(a) The Carrier violated Rule 1 and others of the Clerical
Agreement on February 13, l8j. 28, 29, March 1, 2, 8, 9, 10(2), 11,
12, 13, 14, 15, 16, 17., 18, 20, 21, and 23, 1972, when it assigned
clerical duties, that of delivering switch lists '_o Car Retarder
Operators in Hump Towers, to employes (Trainmen) not covered by the
Clerical Agreement.
(b) As a result of this violation Claimants listed below are
to be allowed 8 hours pay at the pro rata rate far dates and times
indicated:
Gerald Vondron Feb. 13, 1972
4
pm - 12 mid.
E. L. Smith Feb. 18, 1972
4
pm - 12 mid.
Jerome Bell Feb. 28, 1972 12 mid. - 8 am
G. Cousino Feb. 29, 1972 12 mid.
- 8
am
Theresa Nye Mar. 1, 1972 12 mid. - 8 am
J. N. Shrewabery Mar. 2, 1972 12 mid.
- 8
am
M. Bowling Mar.
8,
1972 72 mid.
- 8
am
Jerome Bell Mar.
8,
1972 12 mid.
- 8
am
M. Bowling Mar. 10, 1972 12 mid.
- 8
am
M. Bowling Mar. 10, 1972 4 pa - 12 mid.
Gerald Vondron Mar. 11, 1972 12 mid. - 8 am
M. Bowling Mar. 2, 1972 72 mid. - 8 am
Gerald Vondron Mar. 13, 1972 12 mid. - 8 am
W. L. Horner, Jr. Mar. 14, 1972 12 mid. - 8 am
M. Bowling Mar. 15, 1972 2 mid.
- 8
am
M. Bowling Mar. 16, 1972 12 mid.
- 8
am
P. Rae Mar- 17, 1972 2 mid.
- 8
am
W. Harrison Mar. 20, 1972 12 mid. - 8 am
Theresa Nye Mar. 21, 1972 12 mid. - 8 am
P. Rae Mar. 23, 1972 12 mid. - 8 am
Award Number 23053 Page 2
Docket Number
C1-22974
(c) Clerk H. Kreskie to be allowed 8 hours pay at the punitive
rate for violation that occurred on March 18, 1972 between the hours of
12 midnight and 8 a.m.
OPINION OF BOARD: Claimants contend that Carrier violated Rule 1 (Scope
Rule) and others of the Clerical Agreement when it
required trainmen, not covered by the Agreement to deliver switch lists
to Car Retarder Operators in Hump Towers on the claimed dates.
In the Organization letter dated, April 10, 1972, it noted
that in similar instances when the pneumatic tube systems were inoperative
between Walbridge IBM room and the Hump or the Hump to Eastbound Yard
Office, clerical personnel were exclusively used to transport switch
lists, waybills, etc.
Carrier, contrariwise, disputes this position and contends that
other crafts additionally performed the work in question. It argues
that the use of the pneumatic tube by inserting capsules therein was not
exclusively assigned to the clerks or the task of delivering switch lists
when the tube system was down.
In our review of the case, particularly the chronology of assignments both before and after the
not find that its use was exclusively reserved to the clerks. We concur
with Claimants, that the work of transporting waybills to and from trains
exclusively belongs to the clerical employee as per the explicit understandings of the June
16, 1961
Coordination Agreement, but the issue before
us does not involve this type of work.
In the instant dispute, the claim as originally filed and
progressed on the property pertained to the delivery of switch lists to
Car Retarder Operators in Hump Towers. Thus the pivotal question before
us is whether this work exclusively accrued to the Clerks.
In Award No. 10 of Public Law Board No. 1324, which we believe
is conceptually persuasive, the Claimants in that dispute, who were Yardmen,
represented by the United Transportation Union, were required by Hump
Yardmasters to deliver switch lists, bids and time slips from the Hump
Yardmasters offices to various towers because the pneumatic tube system
was inoperative. The Yardmen did not argue work exclusivity, but instead
asserted that the Basic Day Rule and Article 16 of their Agreement required
extra compensation for double duty work. The PLB did not address the
question of exclusivity, but found that the Yardmen delivered switch lists,
etc. when the pneumatic tube system broke down. In the case before us,
Claimants argue work exclusivity, but our analysis of the record does not
f
- Award, Number 23053 page
3
Docket Number CL-22974
support this conclusion. To be sure, the clerks delivered switch lists
between the above stated geographical points, and operated and used the
pneumatic tube system, but so did the trainmen and yardmen perform this
task. We do not find, moreover, that the Scope Rule extended such
exclusivity or that the employes were able to demonstrate by reference
to history and custom that the work at the pneumatic tube situs
was performed exclusively
by
the clerks. We find that it was performed by several other employe classifications.
(n
the record then,
we are constrained to 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.
A W A R D
Claim denied,
NATIONAL RAILROAD ADJUSTaMM BOARD
By Order of Third Division
ATTEST:
~~/»
//
rxecutive Secretary
Dated at Chicago, Illinois, this 14th day of November 1980.