C Award No. 12
0 Case No. 5
P SPECIAL BOARD OF ADJUSTMENT N0. 122
Y
THE PITTSBURGH AND LAKE ERIE RAILROAD COMPANY
TIE LAM, ERIE AND EASTERN RAILROAD COMPANY
vs
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES
STATMINT OF CLAW;
Complaint from the Clerks? Committee regarding violation of Rule 1(d)
at Newell Freight Office when clerical position was abolished on February 12, 1952
and restored on April 9, 1952 after protest by the Clerks? Committee, and position
again abolished June
4,
1952 and the duties remaining of the position, assigned
to an employe not under the scope of the Clerks? Agreement. (CL-186)
FINDINGS: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the employee or employees involved in this
dispute are respectively Carrier and Employee within the meaning of the Rai3w ay
Labor Act, as approved June 21, 1934
The Board has jurisdiction over the dispute involved herein. The parties
to said dispute were given due notice of hearing thereon.
Neither the Clerk's position at Newell Freight Station nor the work
constituting the whole job content was transferred out of or removed from the
Clerks? Agreement contrary to Rule 1(d) thereof under the facts and circumstances
in this case. The record shows that this job was established in October, 1951,
following the upturn in activity at this location, to provide ausistance for the
Agent in handling of Carrier business. Thereafter, the Clerical position was
abolished on February 12, 1952, restored on April 9, 1952 and again abolished on
June 4, 1952, to accommodate the Carriers fluctuating personnel requirements.
Clearly, when the business decline reached the point where the Agent was
capable of handling the work alone, without the assistance of an additional clerk,
the dimensions of the clerical job completely shrivelled up and ceased to exist.
AWARD: Complaint denied.
SPECIAL BOARD OF ADJUSTMENT N0. 122
Isl
Harold M. Gilden
Harold M. Gilden, Neutral and Only Member
Thereof
Pittsburgh, Pennsylvania
May 28, 1957