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C
SPECIAL
BOARD OF ADJUSTMENT N0. 167
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P AWARD N0. 2
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Organization's File Carrier?s File
105-A-7 CL-17-54
STATEMENT OF CLAIM:
??Claim of the System Committee of the Brotherhood that;
01(1)
The Clerks? Agreement was violated and continued to
be violated when the Carrier assigned or permitted the Agent
at Minturn, Colorado, who does not come under the provisions
of the Clerks' Agreement, to perform work that rightfully
belongs to employes covered by the Clerks? Agreement.
rt(2) Mr. John J. I'Jedding shall be compensated for forty-four
hours and thirty-five minutes at the rate of time and one-half
for the period April 18,
1953
to October
7, 1953,
account
Carrier's action in violation of rules of our Agreement.
"(3)
Mr. Gary T. Willingham shall be compensated for fourteen
hours and thirty minutes at tks rate of time and one-half for the
period April
23, 1953
to October
13, 1953,
account Carrier's action
in violation of rules of our Agreement.
)7(4) Mr. John J. Uedding or Mr. Gary T. Willingham be compensated at the rate of time and one-half for each day subsequent
to dates-above stated that similar violations occurred until
April
11, 1954.1E
FINDINGS: At Minturn, Carrier employed a working Agent under the Telegraphers'
Agreement and three Telegraphers on round-the-clock basis. The number of
clerical employes varied. For several years, there was only one; then two;
then three; and at times none at all.
In early
1952,
there were two clerical employes. From March 1 to
April 11, a third clerk was assigned. Thereafter, the third clerkts position
was abolished and at least a part of the third shift work was performed by
the two remaining clerks on an overtime basis until April
18, 1953
when the
work had decreased to such extent that when no clerk was on duty the Agent
and Telegraphers performed the work in addition to their assigned duties
Award No. 2
during their regular tour of duty and the clerks were no longer held to
perform it on overtime.
The work here complained of was largely that of making out
reports; it was largely incidental to agent's and telegrapherfs assigned
duties and was performed in close proximity to their assigned post. The
telegraphers and the working agent under the Telegraphers? Agreement could
properly be required to fill out their assigned time at such work.
Employes complain that Carrier violated Rule 41 in that as to
part of the claim, claimant was not notified in writing of the reason for
its disallowance. Rule 41 is not a penalty rule; no loss or delay or disadvantage appears to have resulted for its violation. In view of long
acquiescence in disregardin,- the rule, it is sufficient that immediately
upon request Carrier stated the reasons for the disallowance.
AZIARD: Claim denied.
/s/ Mortimer Stone
Mortimer Stone
Chairman, Neutral Member
/s/ D. L. Clavel
D. L. Clavel
Carrier Member
Um. J. Donlon
Organization Member
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