C Award No. 15
0 Case No. 26
P
Y SPECIAL BOARD OF ADJUST14211T D10. 122
TIP PITTSBURGH & LAIC ERIE RAILROAD COMPANY
THE LAKE ERIE AND EASTERN RAILROAD COMPANY
vs
BROTHERHOOD OF RAILUAY A1lD STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
' OF CLAIM:
Claim of Chief Clerk Mi.nnige G. Parsons, Newell Car Shop, for eight
hours at tune and one-half rate for pril 11, May 2 and May 9, 1954, account not
being called to perform duties attached to her position on those dates (Sunday)
same being performed by supervisory employes not within the scope of the Clerks'
Agreement. (CL-258)
FINDINGS: The Board, upon the whole record axed 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 Railway
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.
Unquestionably, the determination of qualifications and the selection of
applicants for the Car inspection and Car Repair job openings, as per the contractual procedures governing the filling of those vacancies, is primarily the
obligation of the Car Foreman. The record affirmatively establishes that such
responsibility has not been sloughed off to the ChJaf Clerk at the Newell Car Shop,
the claimant herein. Implicit in the right to make the selection, is the corresponding authority to notify the successful bidder via telephone. In fulfillin;
these functions, neither the Car Foreman nor the Assistant Foreman intruded upon
any work functions exclusively reserved to clerical employees.
It does appear, however, that generally on occasions when the volume of
job bids was sizeable, the claimant did assist in processing the applications. The
handling of 47 bids on Sunday, April 11, 1952, in making assignments to 45 jobs
which were to-become effective the following day, and the processing of 55 bids on
Sunday, May 2, 1954, for 22 vacancies to be filled on Monday, were situations
which, in our considered opinion, presented a ,job opportunity which should have
been assigned in accordance with Rule 28(d) of the Clerks' Agreement. On the other
date involved herein, the amount of work was not sufficient to require a clerk's
services.
AWARD: 1. Claim for April 11 and May 2, 1954, sustained.
2. Claim for May 9, 1954, denied.
SP,CIAL BOARD OF ADJUSTMENT NO. 122
/s/ Harold M. Gilden
Pittsburgh, Pennsylvania Harold M. Gilden, Neutral and Only
May 21, 1957 Member Thereof.