C SPECIAL BOARD OF ADJUSTMENT NO. 167
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P A'v7ARD N0. 11
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Organization's File Carriers File
102-C-10 CL-38-55
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
,'(1) The Clerks, Agreement was violated on June 2, 3, 6,
7, 8, 9, 10, 13, 1!t and 15, 1955, at Salt Lake City Freight
Office when Carrier permitted or required D&RGW and WP Traffic
Representatives, Mr. C. Pearson and Mr. Phillip Seal, and WP
Representative, Mr. L. Glascock, to perform clerical duties
such as tracing, checking on LCL shipments, answering telephones giving out information due to the influx of business
caused by the recent truck strike. This work previously done
by OS&D and Tracer Clerks, which positions were abolished.
"(2) That Mr. B. Palfreyman, regularly assigned as
Utility Inspector with assigned hours 9:00 AM to 5:30 PM,
shall be paid 2 hoursf pay at time and one-half rate for
June 7, 8, 9, 10, 13 and 15; Mr. H. Beck regularly assigned
Inspector with assigned hours 8:30 AM to 5:GG PM shall be
paid 2 hours' pay at time and one-half rate for June 6, 7,
9, 10, 13 and 15; Mr. N. E. Simmons, regularly assigned
Utility Clerk with assigned hours 8:30 AM to 5:00 PM, shall
be paid 2 hours' pay at time and one-half rate for June 2,
3, 6, 7, 8 and 9 for the above violation of the Clerks'
Agreement."
FINDINGS: due to strike of truck drivers, there was a heavy increase of LCL
business at the Salt Lake City freight station. Because of inability to get
telephone information from the employes at the freight station due to the
rush of business, three traffic representatives left their usual offices and
during the days complained of temporarily "moved their headquarters" to the
freight station.
The Employes assert that these traffic representatives were permitted
there "to perform clerical duties, such as tracing, checking on LCL shipments,
answering telephones giving out information due to the influx of business
caused by the truck strike," Carrier asserts, to the contrary, that except
for one representative who admittedly did clerical work for six hours on
X61ARD NO 11,
June 2 they only answered telephones and furnished information to customers
inquiring as to their shipments and did no inspecting checking billing or
tracing during that period.
In support of their claims the Employee submit written statements of
two employes that they observed the three traffic representatives; that in
addition to answering phones they checked through merchandise pouches to locate
shipments helped locate shipments in cars to be unloaded and helped the
shippers in general on an average of six hours per day. These statements of
specific service have not been specifically denied.
Traffic representatives have the right to give telephone information
to patrons and to obtain such information from the records sent to their office
or from clerks at the freight house. Obtaining such information from clerks
in person rather than by telephone and conveying it by telephone from the
freight office instead of their usual office did not infringe upon any right
under the Agreement. However, the handling and the sorting out of freight
is clerical work and checking through merchandise pouches to locate shipments and helping locate shipments in cars did infringe upon rights under
the Agreement. Claim here should not be allowed for the date of June 2 for
the reason that separate claim for work performed on that date has been filed.
AHARD: Claim sustained at pro rata rate except for June 2 as per findings.
/s/ Mortimer Stone
Mortimer Stone
Chairman Neutral Member
/s/ Wm. J. Donlon
6~hn. J, Donlon
Organization Member
/s/ D. L. Clavel
D. L. Clavel
Carrier Member