NATIONAL RAILROAD ADTUS24ENT BOARD
THIN DIVISION Docket Number CL-23700
Rodney E. Dennis., Referee
Brotherhood. of Railway, Airline and Steamship Clerks,
Freight Handlers., Express and Station Employee
PARTIES
'1'()
DISPUTE: 6e Pittsburgh and Lake Erie Railroad. Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-92f38) that:
(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·
Office