SPECIAL BOARD OF ADJUSTMENT NO. 170
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
ILLINOIS CENTRAL RAILROAD COMPANY
CASE NO. 1
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that --
(a) Carrier violated the Clerkst Agreement at the Baggage and Mail
Department, 12th Street, Central Station, Chicago, Illinois, when on September
5,
1956, it required Baggage. Handler L. Olejnik to suspend work on his regular
assigned position to absorb overtime.
(b) L. Olejnik be compensated an additional days pay at the pro
rata rate of his Baggage Handler position ($14.98)
(c) W. Coulter be compensated for wage losses sustained on September
5, 1956, representing a days pay at punitive rate attaching his Bill Clerk position. (Pro rata rate $15.49 per day.)
CASE NO. 2
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that --
(a) Carrier violated the Clerks' Agreement at the Baggage and .nail
Department, 12th Street, Central Station, Chicago, Illinois, when on September
19 and 26, 1956, it required Baggage Leadman J. Kompare and on October 3, 1956,
Baggage Handler E. Putnam, to suspend work on their regular assigned positions
to absorb overtime.
(b) J. Kompare be compensated an additional days pay at the pro
rate rate of his Baggage Leadman position on September 19 and 26, 1956. ($15.17)
(c) E. Putnam be compensated an additional days pay at the pro rata
rate of his Baggage Handler position. ($14.98)
(d) L. Zuckerman be compensated for wage losses sustained on September
19, 26 and October 3, 1956, representing a days pay at the punitive rate of his
regular assigned Parcel Clerk position on each date named. (Pro rata rate $15.37
per day.)
CASE N0. 3
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that --
(a) Carrier violated the Clerks' Agreement at the Baggage and Mail
Award No. 66
Docket No. CL-10177
Department, 12th Street, Central Station, Chicago, Illinois, when on September
27, 1956, it required Bill Clerk W. Coulter and Baggage Handler L. Olejnik to
suspend work on their regular assigned.positions to absorb overtime.
(b) W. Coulter be compensated an additional days pay at the pro
rata rate of his Bill Clerk position. ($15.49)
(c) L. Olejnik be compensated an additional days pay at the pro
rata rate of his Baggage Handler position. ($14.98)
(d) B. Hoffman be compensated for wage losses sustained on September
27, 1956, representing a days pay at the punitive rate of pay attaching the
Assistant Foreman position. (Pro rata rate $16.18 per day.)
OPINION: Carrier maintains a force of employes at the Baggage and Mail Depart
ment, Central Station, Chicago, Illinois, to perform the clerical,
baggage, and mail handling duties incidental to the operation of the station.
On September 5, 1956, Bill Clerk Hoffman was absent, and there being
no extra employes available, Carrier promoted Mr. Olejnik, Mail Handler, to fill
the one-day vacancy. He was compensated at the rate of pay of the regular incumbent. The position regularly occupied by Olejnik was blanked for the day.
On September 19, 26, and October 3, the employe assigned to perform
relief on position regularly assigned to Zuckerman, Parcel Clerk, was absent due
to illness. Carrier promoted J. Kompare, Lead Baggage Handler, to fill the vacancy on September 19 and 26, 1956. He was compensated for these two days at
the rate attaching to the position of Parcel Clerk. ,
On October 3, 1956, Putnam, Lead Baggage Handler, filled the position
in the absence of Kompare who was on his vacation. He was compensated at the
rate of pay attaching to the Parcel Clerk position. The positions regularly
occupied by Kompare and Putnam were blanked on the claim dates.
On September 27, 1956, Assistant Foreman Corcoran was absent due
to illness, and Coulter, a bill clerk, was promoted to fill the vacancy. He was
compensated at the rate of pay attaching to the position.
It is the position of the Employes that the Carrier violated the rules
of the Clerks' Agreement in that Claimants were required to suspend work attached to their regular positions for the sole purpose of absorbing overtime; that
when Olejnik was removed from his regular position and assigned to the vacancy,
Clerk Coulter was available for work but was not used; that when Zuckerman was
absent from work on account of illness, there was no qualified unassigned employes available to fill the rest days on Zuckerman's position.
It is the position of the Carrier that the practice of filling temporary vacancies has been in existence for more than 30 years; that positions
- 2 -
Award No.
66
Docket No. CL-10177
of less than 30 days need not be bulletined and are considered short vacancies;
and that the intent of the agreement is that employes are entitled to be promoted to fill short vacancies provided seniority is observed.
It has been held that requisitioning of employes to perform work on
temporary vacancies by the expedient of the step-up system is in violation of
the agreement; see Award No.
9,
Special Board of Adjustment No. 170.
It clearly appears that the Carrier has violated Rule 38 in. requiring
Claimants to suspend work during regular hours to absorb overtime.
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.
AWARD: Claim sustained.
SPECIAL BOARD OF ADJUSTMENT N0. 170
/s/ Edward M. Sharpe
E, M. Sharpe - Chairman
/s/ R. W. Copeland /s/ .E. H. Hallmann
R. W. Copeland - Employe Member E. H. Hallmann - Carrier Member
Chicago, Illinois
October 29, 1958