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SPECIAL BOARD OF ADJUSTMENT N0. 167
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AITARD N0. 3
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Oreanization9s File Carriers File
103-4-1 ' CL-31-53
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood
that
R(1)
The'clerks9 Agreement was violated and continues
to be violated when employes of the Maintenance of Way
Department, i.e., Messrs. Harris Ililliams and Les Engels
are required or permitted to operate cranes in the scrap
yard of the Store Department at Pueblo, Colorado, such
work being properly under the scope of the Clerks? Agreement which employes holding seniority rights thereunder
are entitled to perform.
~0(2)
Mr. Frank Hassey and Mr. Jerry Lopez shall be paid
a dayps pay for each day when employes of the Maintenance
of Way Department, holding no rights to work under the
Clerks? A3reement, have been used to perform the work of
operating cranes in handling of Store Department work.
Payment to be retroactive for all time of record when the
Maintenance of Way employes cited in Item (1) above, or
others holding no rights to the work involved, have been
used, from June 29, 1953', until this practice is corrected.9?
FINDINGS
: Claim that clamshell and burro cranes when used in scrap yard
at Pueblo to handle Store Department material must be operated by employes
under the Clerks? Agreement.
The scrap and materials handled by means of these on-track cranes
at the Pueblo store was in the custody and under the control of the Store,
Department. The work of handling it was normally performed by employes of
that department and belonged to them. This was recognized on June 30, 1954
by Carrier in paying claim made because mechanical forces were used to
unload cars of drivers billed and shipped to it there. The fact that the
on-track cranes operated by Maintenance of Way employes were used only when
receipts were heavy did not remove the work from the agreement-)
. f
Award No. 3
The claim must be sustained and a claimant be paid at pro rata
rate for all time shown of record from June 29, 1953 when a Maintenance of
Way operator was used to operate a crane as here complained of in the
scrap yard at Pueblo.
AI9ARD: Claim sustained as per findings.
/s/ Mortimer- Stone
Mortimer Stone
Chairman, Neutral Member
`s/ D. L. Clavel
D. L. Clavel
Carrier Member
Is/
Um. J. Donlon
TIm. J. Donlon
Organization Member