SPECIAL BOARD OF ADJUSTMENT N0.~170
BROTHERHOOD OF RAIWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPPLJYES
versus
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that
r-
(a) Carrier violated the Clerks' Agreement at the Passenger Station,
Fort Dodge,.
Iowa,
when on Apzi14;
1955,
it unilaterally assigned clerical work
theretofore attached to a clerical position to be performed by employes of Cdr-.
rier occupying positions that are not included within the Scope Rule of its-.
Agreement yith the Brotherhood, revised.as of FebrdAry 1,
1954:
(b) Ticket Clerk Position No,
264
be reestablished with all duties
attached thereto which were performed by the occupant thereof prior .to April
4,
1955.
. . (c) All clerical employes be compensated for wage. losses sustained
as a result of the abolishment of Position No.
264
at Fort Dodge,.lowa.
NOT-31 .Reparation to be determined by jolnt check of Carriers payP
roll and other records.
OPINION: BedaVse of -a decline in business, over a'period:of.years, the Osstldt
determined the servicd requirements.no longer necessitated a position
of ticket clerk under the scope of the Clerks'. Agreement. On' April 4;
1955,
the Carrier abolished the position and assigned the remaining work.to an opera
tor-ticket clerk under the scope of the Telegraphers' Agreement.
It appears that there are employed in the passenger. station at Fort
Dodge, Iowa; a force of clerical employes who perform the clerical work'in connection with the operation of the yard and passenger station. This-station was
built in 1912, and since that time telegraphers and ticket clerks have performed
the duties of selling tickets.
It is the position of,the Employer that the work remaining on an abolished position must be assigned to the remaining employes in the same class, ff
there are any available to perform it.
In Special Board of Adjustment No.
169,
Award No.
7,
concerning a dispute between the Brotherhood of Railway and Steamship Clerks and the St, Louis
Southwestern Railroad Company, the Findings of the Board stated in part:
"The fact is known and recognized by railroad men generally
that. long prior to the organization of the Clerks' Organization' and
the recognition of it as a nationsl organization, that operators
- 1
Award No. 28
Docket No.
Cy·8709'
have always been given clerical work to the extent of their ability.
to perform it within their. daily assignment, in, order to give the'
-
operator a reasonable day's work along with the intarmittent tele.
graph duties required of him, That theory was recognized by the
Railroad Administration and prior to the time the organization became national. in scope representing the class or craft known as clerks
and has been recognized ever since: The fact. is that a telegrapher
under that concept is more or less a glorified clerk with duties over
and beyond the ability of a normal clerk to perform, that is, telegraphy. But the right of the Carrier to assign clerical work to an
operator to the extent of his ability to perform it within his daily
assignment has always been recognized as the right of Carrier and
not an imposition upon the clerks as a craft or class . . . ."
See, also, Award No. 24, Special Board of Adjustment No. 170.
In. our opinion the result in this case is controlled by Award No.
7
above quoted. '
FINDINGSs The Special Board of Adjustment No. 170 after giving to the parties
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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.
AWARDS Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 170
Edward M, Sharpe -- Chairman
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F: . tlalln.rr.
A. B. Simmons ~- Employe Member - E. R. Hallmann --.Carrier Member
Chicago, Illinois
oanuar.v -!>
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