BROTHERHOOD OF RAILTIAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY


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:













                                    Docket No. 6


    Rram i.ning and handling papers preparatory to taking over the duties of handling of personal record work, covering employes in the Local Freight office and on the freight platform, such as -


      1. Making investigations, handling correspondence relative to applications from new employes for the Warehouse Local Freight office and yards;


      2. Advertising vacancy bulletins, assignment notices or bulletins, abolishment notices, displacement notices,


    which work, identified as ·177 hereof, was handled through all the years by the Agentts Stenographer, a fully covered scheduled position, while the work stipulated in 11211 hereof was performed by the Chief Clerk to the Agent, a !?restricted-? position, which was a fully excepted position until July 1, 1943.


    The work of i2supervising of loading, unloading and handling of less carload freightyf given to Assistant Agents in the warehouse, is work that theretofore, through the years, was performed by employes subject to the scope and operation of the Clerks' Agreement, either Urestricted" from certain rules only of the Agreement, or who were covered by all the rules of the Agreement, as we shall show, which Carrier action was in violation of Scope Rule 1, Classification Rule 2, Seniority Rule 3, Promotion Rule 4, Seniority Districts and Rosters, Rule 5, Vacancies and New Positions, Rule 6, and other related rules, including the Effective Date and Changes Rule 45 of the Clerksq Agreement.


    3. (a) Beginning Tuesday, March 1, 1955, the Carrier shall, by appropriate Board order, be directed to compensate R. C. Davis, Chief Clerk, Orestrictedft from the seniority rules of the Agreement only (until he left the Chief Clerk position Tuesday, SeFbember 6, 1955) additionally a day's pay at pro rata rate, amount $20.10 per day for each day, five days per week, Monday through Friday and the Relief Clerk, T. W. Lawless, shall be compensated additionally a day's pay at pro rata rate, $20.10, for each Saturday and Sunday, account of Carrier's violation of the rules of the Clerks? Agreement cited herein.


    (b) General Warehouse Foreman G. F. Gugel, HrestricteV from the seniority rules of the Agreement off, shall be compensated by the Carrier additionally a dayps pay at pro rata rate of $19.63 per day, each day, five days per week; Monday through Friday, and punitive time for Saturday and Sundqy, beginning March 1, 1955, such claims to continue until the dispute is disposed of and the claims satisfied.


                  - 2 -

                                      Award No. 6

                                      Docket No. 6


        NOTE: Chief Clerk R. C. Davis utilized his seniority on the

        Kansas City Terminal Station and Yards roster of

        September 1, 1914, to bid on an open, advertised position

        of "Open Item Clerk", rate X15.38 per day, and the Carrier

        blanked the Chief Clerk's position each work day,

        September 6, 1955, Monday through Friday, until Monday,

        October 3, 1955, when Clerk Joe A.iduk, seniority date of

        July 11, 1928, was appointed to fill same. Claims in behalf

        of Joe niduk are being filed by the Division Chairman at

        Kansas City, similar to the Davis claims, starting October 3,

        1955, to continue each work day until the dispute is disposed

        of and the claims satisfied, which claims will be handled

        separately from this submission.


FINDINGS: The Carrier has a large freight handling facility at Kansas City
 and other suburban facilities supervised by an Agent. There was
 one official position of Assistant Agent prior to February 1953. On
 February 16, 1953, the Carrier established another official position of
 Assistant Agent there, and on January 12, 1955, a third official position
 of .Assistant Agent was established there.

 It is shown that such positions were established due to the expansion of Carriers business and working forces. Certainly the establishment of such official positions is not governed by the Clerks' Agreement and does not justify any claim on behalf of clerks unless it be shown that the occupants of such official positions are performing work properly within the scope of the Clerks' Agreement.

 It appears that the work complained of is that of supervising and directing the work of warehouse employes, which is alleged to be work formerly performed by the General Warehouse Foreman. However, the docket indicates that the work of the .Assistant Agent consists simply of an extension of the supervision of the warehouse, formerly performed by the Agent and his one Assistant prior to February 1953.

 There is also complaint about an Assistant Agent handling personal record work, interviewing applicants for employment, handling vacancy, assignment, abolishment and displacement notices and bulletins. Such matters are management responsibilities under the Agreement with the Clerks and are properly performed by Carrier officials. The only objectionable activity shown was situations where an Assistant Agent typed or wrote out notices and bulletins. It appears that such practice has been corrected and all such typing is being performed by a Stenographer. Accordingly, it appears that
 the claims are without merit.
 AWARD: 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. W. Johnson - Carrier
 Member
 St. Louis, Missouri
 January 16, 1957