SPECIAL BOARD OF ADJUSTMENT N0. 132
PARTIES: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 66
STATEMENT
OF CIAIM:
1. Carrier violated the agreement between the parties hereto when,
commencing September 1, 1949, it caused, required and permitted the
agents at
Hancock, West
Virginia, and Oakland, Maryland, to be relieved
by employes not covered by the Telegraphers' Agreement and permitted and
required said employes to perform services and work reserved exclusively
to employees covered by the Telegraphers' Agreement.
2. That the Carrier be required to restore the work now being performed by clerks, employees not covered by the Telegraphers' Agreement,
to employes covered by said Telegraphers' Agreement, and that until such
time as this is done idle employees covered by the Telegraphers' Agreement
be compensated for each and every day this work is performed by such other
employees.
FINDINGS:
At Hancock, West Virginia, the Carrier maintains a force consisting
of an Agent and two Clerks. Prior to the advent of the forty hour week
the Agent's position was assigned on a six day week basis. After the
forty hour week the position was assigned on a five day basis Monday through
Friday with Saturday and Sunday as rest days. The two clerks' positions
are also on a five day week basis, one being assigned Saturday and Sunday
as rest days and the other Sunday and Monday. The employes claim that the
work formerly performed by the Agent is assigned to the Clerks on the rest
days of the Agent's position.
At Oakland, Maryland, there is one clerical position with Monday and
Tuesday rest days and an Agent's position with Saturday and Sunday rest
days. The same claim is made here as at Hancock.
It is not established that the work performed by the Clerks on the
rest days of the Agents' positions was of a nature which was exclusively
Agent's work. In fact, except for one day, Saturday, February 14, 1953 at
Hancock, it appears that the work performed by the clerks on the rest days
of the Agent's position was clerical work of the same type as they performed
on the other days of the week. There is no express or implied requirement in
the Telegraphers' Agreement where Agents and Clerks are employed that if
the station is open on the rest days of the Agent's position that an
employe under the Telegraphers' Agreement must be used. So long as there is
no work exclusively reserved to the Telegrapher position performed on those
days the employes represented before this Board have no ground for complaint.
It follows that there is no basis for a sustaining Award except at Hancock
for Saturday, February 14, 1953, when the Clerk on duty handled a check of
Docket
No. 66
the Pennsylvania Glass Sand Company which would have been received by the
Agent if he had been on duty and was work for which the Agent should have
been called. The claim will, therefore, be sustained on behalf of the
incumbent of the Hancock Agent's position for a call on Saturday, February
14, 1953.
AWARD
Claims (1) and (2) disposed of as indicated in Findings.
/s/ Francis J. Robertson
Francis J. Robertson
Chairman
Isl
B.
N.
Kinkead
B.
N.
Kinkead
Employe Member
Dated at Baltimore, Md., this
26th day of April, 1957.
July 12, 1957/th
/s/ T. S. Woods
T. S. Woods,
Carrier Member.