SPE
CIAL BOARD OF ADJUSTMENT N0. 170
BROTHEhH00D OF RAILWAY AND'STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND, STATION EMPLOYES
versus ,
ILLINOIS CENTRAL RAILROAD C014PANY
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that - -
(a) Carrier violated rules of the Clerks' Agreement at Bluford,
Illinois, when on September
3,
1955, it permitted or required clerical work
theretofore attached to a clerical position to be performed by an employe of
Carrier occupying a position that is not included within the Scope Rule of its
Agreement with the Brotherhood, revised as of February 1, 1954.
(b) H. R. Lewis be compensated a day's pay at the penalty rate on
September
3,
1955.
OPINION:
Bluford, Illinois, is a yard facility. There is no passenger service
through this point. Bluford is an important center for the coal mining
districts in southern Illinois and Kentucky. Switching is performed at either end
of the Yard, northbound freight trains ordinarily proceed to the north end for
breakup and southbound trains are broken up at the south end.
During the year, the Carrier programs various series of freight cars
for repairs, and such work is generally performed at the Centralia car shops.
The cars scheduled for repairs are tagged with a card marked "Home Shop for Repairs, this car must not be loaded until repaired." ,
On September
3,
1955, a train of empty coal cars bound for the mines
entered Bluford from the north. The General Yardmaster on duty at the time was
at the north end of the Yard and noticed that several of the hoppers bore "Home
Shop" cards. Such cars did not belong at Bluford and should have been cut out of
the train at Champaign.
It is the position of the Carrier that the General Yardmaster proceeded
to the yard office to check the switch list of the incoming train and, at the
yard office, discovered that the switch list was not marked to show the "Home
Shop" cars, and that he then notified the Engine Foreman to have the "Home Shop"
cars switched or cut out so they could be put into a northbound train for Champaign
and subsequently for Centralia. Carrier urges that the correction on the list,
called to the attention of the Engine Foreman by the General Yardmaster was a
part of his official duties.
It is the position of the Employes that the General Yardmaster was observed walking the entire length of the train, comparing the numbers on the list
with the car numbers, and markkg on the list the cars that were tagged "Home Shop,"
with the numerals "252." Employes urge that the service rendered by the General
Yardmaster was work that exclusively belongs to the clerical employes.
- 1 -
Award No.
48
Docket No.
CL-9433
It is well established by previous awards that the Carrier does not
have the right to assign clerical work to be performed by employes not having
seniority as contemplated in the agreement rules. It also appears that clerical
employes were assigned the duties in connection with performing the Yard clerical
work such as checking cars since the Bluford Terminal was placed in operation in
1927.
It must be assumed that the Carrier accepted and acknowledged these duties
as belonging to yard clerks when the agreement was revised in
1954.
There is evidence to support 'Employes' claim that the numerals
"252"
were placed opposite
25
car numbers appearing on the list representing that
each oar so marked was to be switched out and forwarded to Centralia for repairs;
that Yardmaster Lee added the numerals to the list and compared the numbers on
the list with the car numbers. Such services were an invasion of the seniority
rules of the Clerks' Agreement.
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 violated.
AWARDt Claim sustained at the pro rata rate.
SPECIAL BOARD OF ADJUSTMENT N0.
170
/s/ Edward M. Sharp:
Edward M.,Sharpe - Chairman
/s/ R. W. Copeland /s/ E. R. Hallmann
R. W. Copeland - Employ: Member E. H. Hellmann - Carrier Member
Chicago, Illinois
_June
17,.1958 _
Date