NATIONAL. RA16ROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number
CL-22652
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers. Express and Station Eaployes
PARTIES TO DISPUTE.
The Baltimore and Ohio Railroad Company
STATSUOT OF CLAIM: MAim of the System Committee of the Brotherhood
(GL-8616)
that:
(1) Carrier violated the Agreement between the parties, when
commencing on August
3s 1976
and continuing, it caused and. permitted
employees of the Specialty Chemicals Division of the Allied Chemical Corporation, Perkins, West Virg
for car load shipments to move from Perkins,, West Virginia to Moundsville.*
West Virginia.
(2)
Carrier as a result thereof, stall compensate Chief Clerk
L. R. Comer, Wheeling Freight Agency, eight (8) hours' pay for August
3,
1976,
and each date thereafter until the violation is corrected.
OPINION OF BOARD: This claim alleges a violation of the Scope Rule. In
order to prevail the Organization must show agreement
reservation of the work and requires careful focus upon the precise work
at issue. That work vas the entering of car orders and dates by the es
ployes of Allied
Chemical
Corporation upon forms previously typed by
Carrier's clerical employer. The purpose of the forms was to comply with
ICC directive criticizing shipments of dangerous chemicals from the Allied
Plant at Perkins, Virginia four miles to Moundsville# West Virginia. Upon
arrival at Moundsville., the clerk to the Agent prepared revenue waybills for
the farther shipment of the materials. Until August
3, 1976
the Allied shipments, including the dangerous chemicals, moved from
Perkins to Moundsville without designation 9a the Witch lists which
have always been prepared by esoloyes of Allied. Upon arrival at
Mouadsville, the reveame waybills for the outbound Cars are
prepared b y clerical employer represented by BRAC. Prior to July
30,
1975
that employe was the Chief Clerk at Mouaisville. 'mat position was
abolished July
30, 1975,
however, and since then Chief Clerk at Wheeling
was sent to Moundsville each afternoon to prepare the outbound waybills
for the Allied shipments coming in from Perkins.
Award Number 23211 Page 2
Docket Number
CL-22652
Folloeing an ICC inspection on August
3., 1976
Carrier was
ordered to provide identifying information for the train crews as
to which cars moving from the Allied Chaical North Plant and South
Plant at Perkias to Moundsville actually mined dangerous
chemicals.
Apparently ICC wanted this information available to the
crew
in the
event of leakage or derailment daring that fourmile love, Par shipments from the South PXsnta on and
1976,
Allied Chemical
employee comseaoed writing and stumping the ramd 4Hsagerous" nut to
care an the switching lists
which
they had traditionally prepared for
Carrier's crews. Apparently that procedure was not grieved is the
present claim. At the North Plant, Allied
Chemical
initially indicated
that the foregoing procedure would not be practical and that some other
method of oosaunicatimg the information would have to be developed, It
In noted however that commencing April 18j,
1977
Allied employes at
North Plant adopted the system of writing the road "Dangerous" w the
switch lists. Accordia", it is our understanding that the time period
covered by the claim 1s August
3, 19'(6
to April
17., 1977.
For the period. in question Carrier provided the ICC required
information for the shipments out of the North plant by using 850 freight
waybills.
Those wybills were partially filled out by Carrier's clerical
employes and forwarded to the Allied plant. At fiat locations the Allied
employee fined in the dates, initials and number of the oars carrying the
dangerous substance and, if appropriate also corrected the description
of the chemical involved which was uniformly indicated on the preprinted
waybills
a "1 T/C mristic acid. hydrochlorine," The czuz of
this claim is whether the oanjletion of these freight waybills by the
Allied employes constituted a violation of the Clerk's Scope Rule.
We record demonstrates clearly that the waybill fares filled
by the Allied employes we" not used as billing formsj, they served rather
the purpose of "Woo bills"s slip·bills" or a "receiving wybill" to more
cars from one location to another. There is no shoving of exclusivity
to Clsimsat of the Weparation of such slip bills, as contrasted with
"revenue bills". See Awrds
23ftr 7590
22252. Nor has
the Organisation demonstrated persuasively the appUeability of Rule 1
(c) in this case. Accordingly we shell deny the claim that FWA 1
was violated.
FMIRGS: That the Third Division of the Adjustment Boards upon the whole
record and all the evidences, finds and holds:
That the parties wived oral hearing;
Award. Number 23211 Page 3
Docket Number a,-P-2652
That the Carrier and the bwloyes involved in this dispute
are respectively Carrier and Roployes within the mseaing of the Railway
labor Act, as approved Jane 21, 1934;
Mat this Division of the Adjustment Hoard has jarisdietion
over the dispute involved herein; and
That the Agreement vas not violated.
A W A R D
Claim denied.
RATIOAAL RAMROAD ADJWDIENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago. Illinois, this 16th day of march 1981.