NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26205
Robert W. McAllister, Referee
(Brotherhood of Railway, Airline an Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9974) that:
1. Carrier violated the effective Clerk's Agreement when on an after
April 13, 1984, it established a position of switching information clerk of
more than thirty (30) days' duration without bulletining and awarding such
position in accordance with such Agreement;
2. Carrier shall
compensate the
senior furloughed employe eight (8)
hours' pay at the straight time rate of a switching information clerk position
for April 13, 1984, and for each and every day thereafter that a like violation occurs. Individual c
OPINION OF BOARD: In March, 1984, Carrier began to experience a dramatic
increase in traffic and it became necessary to work addi
tional Switching Information Clerk assignments. Between March 1 and July 11,
1984, the additional assignments were worked as extra positions and filled
with employees from the Guaranteed Extra Board. In that period, over 100
additional assignments were worked. Effective July 11, 1984, by bulletin,
Carrier established an additional position of Switching Information Clerk and,
thereafter, this type of extra work was discontinued.
The Organization filed Claim contending that, when it is necessary
to establish a position for thirty days or more, the Carrier is obligated by
Rules 9 and 11 to bulletin the job and award the vacancy to the senior qualified bidder. The Carrier
precluded this establishment of a permanent assignment, and , in these circumstances, it was proper
At issue is the interaction between several provisions of the Agreement. The Organization conten
the position of Switching and Information Clerk be bulletined and not worked
as extra assignments. Rules 9 and 11 read in pertinent part:
Award Number 26557 Page 2
Docket Number CL-26205
"Rule 9 (a). New positions or vacancies of more
than thirty (30) calendar days duration will be
promptly bulletined in agreed upon places
accessible to all employees affected for a period
of seven (7) calendar days . . . .
"Rule 11. Positions or vacancies of thirty (30)
calendar days or less duration shall be considered
temporary and need not be bulletined. However,
when found vacancy will extend beyond thirty (30)
day limit, same shall be immediately bulletined
showing, if practible (sic), expected duration of
vacancy."
The Carrier contends that the Work on Unassigned Days Rule, which reads:
"Where work is required by the Carrier to be
performed on a day which is not a part of any
assignment, it may be performed by an available
Extra or unassigned employe who otherwise would not
have forty (40) hours or work that week; in all
other cases by the regular employe."
and the provisions of the Extra Board Agreement, which reads:
"Extra employes may be required to protect
vacancies on regular assigned positions of 30 days
or less vacancies on positions while under bulletin
and pending assignment and on extra work required
which is not a part of any regular assignment on
all positions at South Chicago, 87th Street, 22nd
Street, Crew Board Office, Agent's Office and Car
Operations."
allow it to work the additional assignments as it did.
A contract must be read as a whole. If this Board is to hold that
the work on Unassigned Days Rule and the Extra Board Agreement control the
application of Rules 9 and 11, we would, in effect, be allowing one Rule to
negate another. A compatible reading of the Agreement, which allows the job
to be worked as a temporary assignment, but requires it be bulletined after
thirty (30) days, gives meaning and harmony to all of the contested terms.
Award Number 26557 Page 3
Docket Number CL-26205
Accordingly, it is our view that the Agreement was violated when
Carrier failed to bulletin an assignment of Switching Information Clerk within
thirty (30) days of the date the assignment commenced. Had the assignment
been bulletined, as provided in Rules 9 and 11, at the latest it would have
been filled in mid-April, 1984.
The Organization is seeking payment on behalf of the senior, furloughed employe beginning April
of the original filing of the Organization. Their appropriateness was not
challenged while the matter was handled on the property. We do not find the
compensation sought to be speculative nor the Claimants.to be unidentifiable
so as to be improper. The Claim will be allowed for each date an extra
Switching Information Clerk was used beginning with the date claimed, April
13, 1984, and ending July 5, 1984. The assignment was bulletined July 5,
1984, and the Agreement permits assignments under bulletin to be filled from
the Extra Board. Additionally, only one payment per calendar day is required
for those dates in which more than one extra Switching Information Clerk was
worked because here, too, such additional assignments occurring on an irregular basis may have been
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 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 violated.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1987.