NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number Ch-22991
George S. Roukis, Referee
(Brotherhood of Railway, Airline & Steamship Clerks,
( Freight Handlers, Express and Station Eaployes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8808) that:
(a) The Carrier violated Rule 1 and others of the Clerks'
General Agreement on June 7, 1974 when they required and allowed Assistant
General Yardmaster Baker to transport lists from the IBM Roam to Hump.
(b) Claimant G. A. Cousino now be allowed eight (8) hours
pay at the pro rata rate of $41.18 per day account Mr. Baker performing
clerical duties.
OPINION OF BOARD: In a companion claim, Award No. 23053 initially
filed by the Organization on April 10, 1972 involving
the same Organization and Carrier and the same issne,.we found that the work
of delivering switch lists, bid slips and time slips between the Walbridge
IBM Room and the Hump Office or from the Hump office to the "C" or "D"
Tower did not belong exclusively to the clerical employes*
In the instant claim filed on June 7, 1974, Petitioner asserts
that Carrier violated the Scope Rule and others when it permitted the
Assistant General Yardmaster to transport lists from the IBM Room to the
Hump. It is an identical claim to the April 10, 1972 petition referenced
above in that the pneumatic tube system was inoperative on June 7, 1974
thus requiring the delivery of switch lists from the IBM Room to the Hump.
In our review of this case, we recognize that claimant oftentimes
delivered switch lists where the pneumatic tube system was down, but it was
not work exclusively reserved to the Clerk's Organizations There is no
Agreement basis or institutionalized past practice that would support a
positive finding of work exclusivity, since other crafts performed this
precise work, incidental to their primary duties when the pneumatic tube
system was dysfunctional. The record including the job sheet for position
A-351, does not show that the delivery of switch lists, etc. between the
Award Number 23055
Docket Number CL-22991
Page 2
geographical locations noted in the claim was performed exclusively by the
dlerks and we are compelled by this finding and our decision in Award
No. 23053 to deny the claim.
FINDINGS: The Third Division of the Adjustment Board,
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved is 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
upon the whole record
That the Agreement was not violated.
Claim denied.
ATTEST:
FScecutive Secretary
Dated at Chicago. Illinois, this 14th day of November 1980.
NATIONAL RAILROAD AWUS24ERT BOARD
BY Order of Third. Division