Brotherhood. of Railway, Airline and Steamship Clerks,
Freight Handlers., Express and Station Employee

PARTIES '1'() DISPUTE: 6e Pittsburgh and Lake Erie Railroad. Company



(a) Carrier violated the Rules Agreement effective September 1, 1946, as amended, particularly Rule 1 - Scope.

(b) Claimant is regular assigned as truck driver whose duties me to deliver supplies daily to various offices in the outlying districts. W October 72, 1977, Mr. B. Tropes, Super, of Track at E. YoungstoWn, Ohio and Mr. Peter Patacca. District Lineman from Glssepart, PA picked up supplies at the Storehouse at McKees Rocks which censor be considered emergency supplies.

(c) That claimant Mr. L. KYupinski be compensated for one (1) days fey for October 12, 1977.

OPINION OF BOARD: Claimant L, twpinski is a regularly assigned truck driver
who delivers supplies from the Storehouse at McKeea Rocks
to various points on the railroad. These deliveries ass made on a scheduled
reefs. On October 12, 1977, (terrier's Supervisor of Track at East Youngstown
sad Carrier's District Lineman from Glaaeport, Pa., picked up supplies at the
McKeea Rocks Storehouse. Claimant thereupon filed s claim alleging that the
pickup sad delivery of material from the storehouse is work properly belonging
to the clerk craft on Carrier's property. The claim cited a Rule 1 scope vio
lition. Claimant requested one day's pay as compensation for.the alleged vio
lation.

Carrier denies the claim on the basis that picking up properly requistioned materiel at the MeKe reserved exclusively by scope rule to e;.erka. Carrier further argues that the Organization under numerous general chairmen hams filed identical claims in the past and dropped or abandoned each of ttem.
Award Number 23549
Docket Number CL-23700

Page 2

This Board has carefully reviewed the record of this case and must conclude that Carrier did not violate the Schedule Agreement when personnel other than Claimant picked up material and supplies at the storehouse. The record clearly reveals that it has been a practice for more than 20 years for user departments to pick up supplies at the storehouse. The record also reveals that the Organization has filed numerous claims on the identical issue and that these claims were all abandoned at sow stage in the grievance process. The Organization did not cite one claim in which it had been successful.

Given the fact that a well-defined, uncontested practice of alloying user departments to pick up material and supplies at the storehouse has existed for over 20 instant claim should be denied.

FIIPmI1VGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employer involved in this dispute are respectively Carrier and Employes within the waning of the Railway Labor Act, as approved June 21, 19341

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the agreement was not violated.

Claim denied.

NATIONAL RAILROAD AWLIS'lldPN'C HOA$) .,By Order of Third Division

'~ CE m D


BY

ATTEST: Acting Executive Secretary
National Railroad Adjustment Board

Rosemarie Brasch - Administrative Assist.int

Dated at Chicago, Illinois, this 10th day of March 1982·

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