C:\AWARDS\OUT\SBA167-9.htm

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C SPECIAL BOARD OF ADJUSTMLUL'VT N0. 167

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P AWARD N0.

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Organizations File Carriers File

101-C-15 CL-41-55

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

It(1)

The Carrier violated rules of the current Agreement with the Brotherhood of Railway Clerks on May

23, 24, 25

and

26, 1955,

when it arbitrarily removed Messrs. J. F. Jamieson, Jr., and P. R. Dimitroff, Helpers, Burnham Store Department, from their regularly assigned positions and instructed them to perform laborers[ work on platform with regularly assigned laborers under the direction of Mr. Albert Huft,

'1(2)

The Carrier also violated rules of the current Agreement with the Brotherhood of Railway Clerks on May

and

27, 1955,

when it arbitrarily removed Messrs. C. 0. Jamieson, W. R. Fouts, W,M. Chindgren and Edward Raney from their assigned Group 1 positions and instructed them to perform the Group 2 work of Helpers J. F. Jamieson, Jr., and P. R. Dimitroff, which had been permitted to accumulate due to illegal transfer of these two men to other work as outlined in (1) above.

"(3)

The Carrier shall now compensate Messrs. J. F. Jamieson, Jr., and P. R. Dimitroff for an additional four days pay at their assigned rate of Helper for May

23, 24, 25

and

26,

1955,

because of its refusal to allow them to perform the work on their regular assignments on these dates.

'1(4) The Carrier shall now compensate Messrs. C. 0. Jamieson, W. R. Fouts, W. M. Chindgren and Edward Ramey for an additional six hours' pay at their assigned rates for May

25, 1955,

because of its refusal to allow them to perform the work on their regular assignments on these dates.

'1(5)

The Carrier shall compensate Messrs. C. 0. Jamieson, W. R. Fouts and W. M. Chi~idgren for an additional eight hours' pay at their assigned rates for May

27, 1955

because of its refusal to allow them to perform the work on their regular assignments on this date.

The Carrier shall also compensate Messrs. D. L. Ruble, Edward Crosswhite, Sr., and Alfred Quintana, senior furloughed employes at Burnham Store for eight hours each at pro rata rate of Helpers for May

and

27, 1955,

because of Carriers action in using Group 1 employes to perform work assigned to Group

employes on these dates,'t

FINDBIGS: This claim is based on the contention that on the named dates the

two claimant Store Helpers, holding Group

2-3

seniority, were used to perform

AWARD N0. 9

laborers' work, and the two Sectional Storekeepers and the Supply Car Foreman all holding Group 1 seniority) were used to perform the work of the Store Helpersp instead of working on their regular assignments. All hold system seniority,

The complained-of work performed by the Store Helpers consisted of unloading lumber, That performed by the Sectional Storekeepers and Supply Car Foreman is not clearly spelled out other than "to perform the Group 2 work's of the Store Helpers which had been permitted to accumulate, and working with them in cleaning up the accumulation of material to be shipped to other points on the railroad.

The Scope Rule is general in its terms and does not specifically classify the duties here involved. The bulletin duties of the Store Helpers were 'fto help with shipping and other store helpers duties as may be assigned.It Those of the Sectional Storekeepers included the duty "to unload, load and place materials in stock" and to "supervise Helpers and Laborers when placed with you to help with work."

There is no provision in the Agreement restricting the unloading of material to any Group, The provision in the bulletin of the Sectional Storekeepers that they are to unload materials and to supervise Helpers and Laborers when placed with them to help with work, certainly contemplates that the three groups may join in unloading lumber and cleaning up the accumulation of material to be shipped. The facts asserted by the ESnployesj, that the substitution of diesels for steam locomotives has caused the work of handling of materials largely to disappear from the Sectional Storekeepers' position, does not take that work out from under their contract duties when it reappears,

AWARD: Claim denied.

Mrt er Stone

04 rtl~!~ rt n Chairman, Neutral Member Ls( D, L. Clavel Wm. J. Donlon " 2 - D. L, Clavel Organization Member Carrier Member