SPECIAL BOARD OF ADJUSTMENT N0. 170
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that --
(a) Carrier' violated the rules of the Clerkst Agreement at Cherokee,
Iowa,
when on
August
5, 1955,
it unilaterally assigned clerical work theretofore attached to clerical positions to be performed by employes of the Carrier
occupying positions that are not included within the Scope Rule of its Agreement with the Brotherhood, revised as of February 1,
1954.
(b) L. A. Umhoefer, D. N. Sagness and M. A. Wilson, the respective
assignees to the Clerk, Warehouse Clerk and Relief Clerk Positions, who were displaced on August
5, 1955,
and all other clerical employes adversely affected as
a result of Carrier assigning clerical work normally
attaching clerical
positions
to telegrapher employes, be compensated for wage loss sustained retroactive to
August
5, 1955,
and forward to date the rules violation is corrected.
NOTES Reparation to be determined by joint check of Carrier's
payroll and other records.
OPINION: This is a dispute that involves the allocation of work at Cherokee,
Iowa, between employes covered by the Clerkst Agreement and,employes
covered by the Telegraphers' Agreement..-It appears that the facilities at the
above station consist of a passenger station and a freight house located approximately four hundred feet east of the passenger station. The operation of both
facilities is under the jurisdiction of the Agent-Yardmaster, who is represented
by the Telegrapherst Organization.
It appears that communication service at the above place has for many
years been on a seven-day week and twenty-four hours per day. Prior to August
5, 1955,
the clerical employes were located at the freight station and the telegraphic employes were located at the passenger station.
On the above date the positions of Clerks Umhoefer, Moses, and Wilson
were abolished. The positions assigned to Cashier
a.
T. Parker and Yard Clerk
R. M. Julius were removed from the office in the freight station and established
in the ticket office in the passenger station. Mr. Julius' position was changed
to work Monday through Friday and assigned to work two hours at punitive rate
for the purpose of checking cars in the yard, write the initials and numbers of
the cars and compile the
33
Report of cars on hand for Monday morning demurrage
records.
The duties formerly performed by Umhoefer, Moses, and Parker were
1 -
Award No. 36
Docket No. CL-8983
transferred to other employes.
It is the position of the Employes that the Carrier violated the rules
of the agreement that govern the hours of service and working conditions of the
employes in that the Carrier assigned a part of the duties attaching to the position of Clerk, Cashiers and Yard Clerk occupied by Umhoefer, Parker, and Moses
to telegraphers, who are employes covered by the Telegrapherst Agreement by the
expedient of transferring the clerical employes with their positions from the
freight office to the passenger station in order to share the clerical work with
the telegraphers, that there was no abolishment of work, and that the work here
involved has historically been exclusively performed by the clerical employes
at Cherokee and, therefore, becomes subject to the scope and operation of the
Clerkst Agreement.
It is the position of the Carrier that the Scope Rule does, not specify
the work that falls within the agreement; that telegraphers may be ssigned clerical work to fill out their time; and that the result of Carriers action in consolidating the forces and the rearrangement of duties was the prerogative of
management in the interests of economy.
It is an accepted rule that the Clerks' Agreement does ndtnnecessarily
encompass all clerical work performed in the service of the Carrier, nor is there
any rule in the agreement that gives the Clerks the exclusive right to all clerical work or which restricts the right of telegraphers to perform such work. See
Award 5331 and Award 615. It has also been held that the Carrier is not required
to employ a greater force than is necessary in the efficient handling of its business, see Awards 4446, 5458, and 6178 of Third Division. It also appears that
the business of the Carrier has lessened during the past few years, necessitating
a reorganization of the forces employed at the freight house and the passenger
station. The reorganization or consolidation of the personnel of the freight
house with the personnel of the passenger station under the facts shown in this
case is a managerial prerogative.
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.
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Award No. 36
Docket No. CL-8983
AWARD: Claim denied.
SPECIAL HOARD OF ADJUSTMENT N0. 170
i'· ahe:pc
Edward M. harpe -- Chairman
<a a -:a
A. D.
Simmons= nploye Member E. H. &allmann-,-- Carrier Member
Chicago, Illinois
Tanuarj 23, 155
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