Y
SPECIAL BOARD OF ADJUSTMENT N0.
166
BROTHERHOOD OF RAILPTAY AND STEAMSHIP CLERKS,
FREIGHT HANDLMS, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAr-I
: Claim of the System Committee of the Brotherhood that:
1. Carrier violated the Clerks' Agreement when on August
15, 1956,
it removed the work of-loading live stock from-the Carrier's stock pens at
McGehee, Arkansas, into cars for shipment, which work had been performed
by Warehouse Laborers at this station for a period, not disputed by the
Carrier, to have been twenty-five
(25)
to thirty (30) years, out from
under the scope and operation of the Clerkst Agreement and permitted it
to be performed by an outsider who holds no seniority rights under the
Clerks' Agreement, and thereafter refused and continues to refuse to
return the work to the employes who have performed and been paid for
said work through the years;
2. Claimants Laborers James Tyler and Willie Roberts each shall be compensated for a call of two hours at the punitive rate of
X52.513
per
hour,
Wednesday, August
15; 1956,
Wednesday, Au3ust-22,
1956,
Friday, August 24,
1956,
or a total of
3
calls each, 0
05.03,
amount
015.09,
for each claimant,
total,
$30.1$,
account Carrier's action in violation of the Clerks?
Agreement, Scope Rule 1, Seniority, Overtime and related rules, like
claims to continue in each such instance of violation of Agreement,
until the dispute is disposed of.
FINDINGS
: For about
30
years prior to August 15, 1956, warehouse laborers loaded
livestock into railroad stock cars for shippers at McGehee., Arkansas.
On and after that date, the shippers loaded their own carload shipments of live
stock in accordance with the I.C.C. Tariff thereon. Claims are made for payment
of a call to warehouse laborers on each occasion, claiming removal of the work
from the Clerks' Agreement.
This is a situation where Carrier provided a service to shippers not required by the tariff. When it stopped doing so, the work was no longer performed
by the Carrier and it did not pay for its performance. Accordingly, there is no
violation shown of the Clerks? Agreement.
AWARD
: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
166
/s/ Dudlev E. Whiting
Dudley E. Whiting -- Chairman
/s/ Ira F. Thomas /s/ G. W. Johnson
I. F. Thomas - Employs Member G. W. Johnson - Carrier Member
St. Louis, Missouri - January
17, 1957