NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-24888
Marty E. Zusman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9673)
that:
(1) Carrier violated the effective Clerk-Telegrapher Agreement when,
on dates of November 25, December 5, 10, 30, 1980; January 7 and 13, 1981, it
caused and permitted personnel and outsiders not covered by the Agreement to
transport Company material from one location to another location, performing
the class of work assigned to Mr. E. T. Trew, incumbent Chauffeur-Storehelper,
position C-194, Riverside Stores Office, Baltimore, Maryland, and,
(2) Because of such impropriety, Carrier shall be required to compensate
Mr. E. T. Trew, Chauffeur-Storehelper, position C-194, Riverside Stores Office,
Baltimore, Maryland, eight (8) hours' pay at pro rata rate ($72.54) for the dates
of November 25; December 5, 10, 30, 1980, and eight (8) hours' pay at pro rata
rate ($75.10) for the dates of January 7 and 13, 1981.
OPINION OF BOARD: The instant dispute was initiated on January 16, 1981 by the
Organization on behalf of Mr. E. T. Trew a Chauffeur-Stoiehelper
covered by the Clerk-Telegrapher Agreement. The organization contends that
between November 25, 1980 and January 13, 1981 the Carrier permitted on numerous
occasions the transportation and delivery of company material and supplies by
individuals not covered by the Agreement and as such violated the Clerk-Telegrapher
Agreement, specifically Rule 1 covering Scope and Rule 74, Driving Company
Vehicles and Messenger Work. The Organization argues that such work is assigned
to the clerical ranks and as such its removal from them constitutes a violation of
contract by the Carrier.
The Board finds nothing in the contract of clear and unambiguous language
assigning such work exclusively to the clerical ranks. In addition, in the mind
of this Board there is nothing in the record as handled on property to provide
sufficient evidence of probative value to establish that such work has historically
been exclusively performed by members of that Craft by custom, practice or
tradition. It is the determination of the Board after a careful review of the
appropriate rules and the accompanying evidence that such past work of transporting of
supplies and materials has been a shared responsibility on this property. Such a
ruling is consistent with past awards of the National Railroad Adjustment Board
(Third Division Awards 22894, 22943).
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;
Award Number 24882
Docket Number CL-24888
Page 2
That the Carrier and the Employes involved in 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
That the Agreement was not violated.
A W A R D
claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J-,-~r - Executive Secre£ary
Dated at Chicago, Illinois, this 28th day of June, 1984