NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
CL-23139
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Balers, Express and Station Employee
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul sad Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-88T9)
that:
1. Carrier violated the Clerks' Rules Agreement at Minneapolis.
Minnesota when it required and/or allowed employee not covered under the
scope and application of the agreement to perform duties normally, traditionally sad historically pe
2.
Carrier further violated the Clerks' Rules Agreement when it
failed and/or refused to rail employs Charles Pratley to perform the duties
described in Item (1) on the claim dates listed herein.
3.
Carrier shall now be required to compensate employs Charles
Pratley an additional eight
(8)
hours at the time and one-half rate of
Revising Clerk-Gr. B Position No.
87530
far each of the following dates:
January
3, 4, 5, 6, 9, 10, 11, 72, 13, 16, 17, 18,
19s 200 23# 24s 25r 26, 27i 30i 31.
February 1,
2, 3, 6, 7s 8s 9
a
10, 1978.
OPINION OF BOARD: The essence of Organization's claim is that Carrier
violated the Clerks' Rules Agreement when Carrier re
quired and/or allowed employee net covered. under the scope affil application
of the Agreement to perform duties normally, traditionally sad historically
performed by employee covered under such Agreement. It followed, in Organi
zation's view, that Carrier further violated the Rules Agreement by net
calling upon employs Charles Pratley to perform such duties on same
29
sep
arate dates in January and February of
1978,
end that Carrier wee required to
compensate employs Pratley for its omission is that regard.
Employs Chaalea Pratley 1s the regularly assigned occupant of
Revising Clerk-Grade B Position No.
87530
with seniority date of September
18,
1965
in
Seniority District No.
5.
Award Number 23396 Page 2
- Docket Number CL-23139
Organization invokes the provisions of Rule 1, particularly
Subsection (f) providing that "positions within the scope of this agreement belong to the employee c
Rule 32 governing the assigrment of overtime.
Crucial to the disposition of this case is a demonstration
that Rule 1--the Scope Rule--of the Agreement was violated. We have
searched the record. and conclude that there is a failure of proof in
this regard.
Accordingly, we find no merit in the chasm.
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 is this dispute are
respectively Carrier and Employes within the mining of the Railway lobar
Act, as approved. June 21, 1934;
That this Division of the Adjustment Board has jurisdiction v,
over the dispute involved herein; and
teat the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAlMOAD AD3USUMT BOARD
By Order of Third Division
ATTEST:
X44~
Executive Secretary
Dated at Chicago, Illinois, this 6th day of October 1981·
~r RE CE/!~
1 IE,VI
J90
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