SPECIAL BOARD OF ADJUSTMENT N0. 166
BROTHERHOOD OF RAIIIJAY AND STELAP1SHIP CLERKS.
FREIGHT HANDLERS, EXPRESS AID STATION EMPLOYES
versus
MISSOURI
PACIFIC RAILROAD
COIiPANY
STATEMENT
OF
CLAIM: Claim of the General Committee of the Brotherhood of
Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes on the Missouri Pacific Railroad, that the Carrier violated the Clerks? Agreement:
1. When, on Sunday, February 27, and Sunday, March 6, 1955, and
on all subsequent dates as shown in the Employes -'Claim Statement-?
attached hereto and made a part hereof, the Carrier arbitrarily
and without conference, negotiation or agreement, removed the
work of calling crews at Nevada, Missouri, for train operating
out of Fort Scott, Kansas (a distance of approximately 20 miles
from Nevada) which work Clerks at Nevada Yard had performed
regularly and continuously for a period of many years (said to
be 10 years or more) out from under the scope and operation of
the Clerks? Agreement and utilized employes of another class
and craft, subject to another or other wage and rules Agreements,
to perform the work, in contradiction to and in violation of
Scope Rule 1, Classification Rule 2, Seniority and related rules
of the Clerks? Agreement;
2. The Carrier shall be directed by appropriate Order of the National
Railroad Adjustment Board to restore the calling work here involved
to the employes subject to the Clerks? Agreement at Nevada,
Missouri, and allow the monetary claims as shown in our JClaim
Statement,P referred to in
itld
hereof, which claims are to continue
until the dispute is disposed of and the claims satisfied, account
Carriers action in violation of the Agreement.
CLAIM STATEIIL'ENT
as
REVISED AND A1,MNDED
Claims of Yard Clerk I-T. D. Stukesbarv
Date
Amount of Time Punitive Hourly Rate Amount
April 12, 1955 - 1 call 2 hours 52.58 ,v5'~ .16
April 7,3, 1955 - 1 call 2 hours 2.58 5.16
April 14, 1955 - 1
call
2 hours 2.58 5.16
April 15, 1955 - 1
call
2 hours 2.58 5.16
April 18, 1955 - 1
call
2 hours 2.58 5.16
April 19, 1955 - 1 call 2 hours 2.58 5.16
April 20, 1955 - 1
call
2 hours 2.58 5.16
April 21, 1955 - 1
call
2 hours 2.58 5.16
April 22, 1955 - 1 call 2 hours 2.58 5.16
I.
Award No. 3
Docket No. 3
Date
Amount of Time Punitive Hourly rate Amount
April 23, 1955 - 1 call 2 hours ;2.58 w5.16
April 24; 1955 - 1 call 2 hours 2.58 5.16
April 25, 1955 - 1 call 2 hours 2.58 5.16
April 26, 1955 - 1 call 2 hours 2.58 5.16
April 27, 1955 - 1 call 2 hours 2.58
5.16
X372.24
Subsequent claims of record are held in abeyance, per provisions of
Article V, Paragraph 1 (b) of the Chicago Agreement of August 21, 1954, until
the expiration of sixty days beyond the determination of the claims herein
stipulated in this submission.
FINDINGS
: It appears that for convenience of crew members assigned to train
#78 operating out of Fort Scott, Kansas, who live at Nevada,
Missouri, the Carrier arranged to have them called at Nevada by a clerk on
duty there for several years. On February 11, 1955, notices were given
rearranging clerical positions at Nevada so that no clerk would be on duty
on Sunday morning at the time train t78 usually departs. Accordingly,
notice was given that crew members living in Nevada would have to make
different arrangements to be called.
Arrangements were then made for the Operator at Fort Scott to call
a member of the crew at Nevada and let him advise the others.
Since the basic calling requirement for this crew is at Fort Scott,
and since the prior calling by a clerk at Nevada was a mere utilization of
Carrier9s existing facilities for the convenience of that crew, there is no
violation of the Clerks' Agreement by returning the calling requirement to
Fort Scott.
Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 166
/s/ Dudley E. Whiting
Dudley E. Whiting - Chairman
/s/ Ira F. Thomas _ /s/ G. W. Johnson
I. F. Thomas - Employe Member G. 1'd. Johnson - Carrier Member
St. Louis, Missouri
January 17, 1957