BROTHERHOOD OFjRAILWAY APED STEAMSHIP CLERKS,

                FREIGHT HANDLERS, E%PRESS AND STATION EMPLOYES

                I, versus

                    ILLINOIS CENTRAL RAILROAD COMPANY


STATEMENT OF ,CLAM:. Claim of the System Committee of the Brotherhood that the
 Carrier violated the Agreement between the parties, effective June 23, 1922, as subsequently revised, wrens

 (a) On May 5th, may 6th, May 7th, Way 12th, May 13th, May 19th, may 26th, June 2nd, June 31V:, - J $ho 9th, June 16th, June 30th, July 8th, July 14th, July 19th, July 21st, July 23rd arid July 28th, 1954,, the. Carrier required - R, Lustfeldt, M, L. Lustfaldt, E, Michaelson, W. Hnatuske, E, Parenti and A.-NeXullen, employed as clerks at Markham Yard, to suspend work on their regu2ar positions, and perform work en refrigerator cars such as adjusting vents, plugs and handling ®f heaters, &to,, ®n cars leaded with bananas, and failed and rafused to call R. Norberg, L. Cracker, D, E, W©olever, D. L. Wilson, and.D. Waters, who were~aff duty and available to perform that class ©f work, and

 (b) That Carrier shall now' be_required tepay Kessrs. R, Lustfeldt, N. L. Lustfeldt, E,.Michaelson, H, Hnatuske, E..Parenti and A. McMullen, in addition to compensation already paid, an additional sum at pro rats rate of their respective positions, for the number ®f hours that each 'off said` claimants were required to suspend work'en their regular p®sitiens 9;:2 the attesenumerated above, .and

 (c) Thet the Carrier shall nuw.be'required to pay Messrs,. R, Norberg, L< Crocker, D,. E, Woolever, D. L.. Wilsoh, and D;` Wateis, in addition to compensation already paid, an additional sum at penalty rate of their respective positions, (on a call basis) account of Carriers failure and refusal. to call above named claimants for adjusting of vents, plugs ands handling of heaters, etc,, an refrigerator cars loaded with bananas on dates enumerated above,

 OPINION: This claim arises out of the use of oerta'iin yard clerks and yard checkers
 then on duty to adjust venfm and plugs eri'cars of bananas at Markham Yard,
 South of Chieagoo It appesas that perishable service is sporadic and fluctuating
 and therefore not assigned-to any certain positions; It also appears that it was
 necessary that perishable service be promptly-performed as the required service could
 not be deferred. The service necessary to be performed was not assigned to any group
 of employes except perishable inspectors, it also appears that f©r many years yard
 clerks and others have performed this service, see CL-8578, Award No. 26,

 It is the position of the Employes that the penalty should be at the overtime rate, based on the respective rates of pay applicable to the positions occupied by the involved employes for whom claims were filed at penalty rate.

 It is the position of the Carrier that there is nothing in the Agreement requiring the Carrier to call the off duty claimants to do the work in question; that the Carrier has a right to require yard clerks to perform perishable protection service, and there is no rule that requires the Carrier to perform any work at overtime rate that can be performed by employes on duty at straight time rates, It appears

                            - i

                                        Award No. 27

                                        Docket No. CL-8579


to be the rule that the Carrier has the prerogative to determine the job content of positions and that for many years the yard clerks and others were required to perform perishable service in this particular yard.

 In the case at bar the services rendered by the yard clerks did not belong to any other position. It also appears that the Carrier had a right to assign this work to yard clerks.

 FINDINGS; The Special Board of Adjustment No. 170 after giving to the parties
 to this dispute due notice of hearing thereon, and upon the whole
 record and all the evidence, finds and holds;

 That the Carrier and Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act;

 That the Special Board of Adjustment No. 170 has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


AWARD; Claim denied.

                SPECIAL BOARD OF ADJUSTMENT N0. 170


                /s/ Edw. M. Sharpe

                Edward M. Sharpe -- Chairman


/s/ E. H. Hallmann
 A. B. Simmons -- Employe Member E. H. Hallmann -- Carrier Member

 Chicago, Illinois
 January 17, 1958

 - 2 -