C Award No. 22
0 Case No. 22
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 171
BROTHERHOOD OF RAILIIAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS ADTD STATION EMPLOYES
vs
GREAT NORTHERN RAITITAY COMPANY
~PClaim of the System Committee of the Brotherhood of Railway and Steamship
Clerks, Freight Handlers, Express and Station Employee that tYe Carrier
violated the rules of the current agreement.
iP1.
When on January
16, 1956
it removed various items of clerical work,
as outlined in our Exhibit
W,
out from under the Scope of the Agreement
and assigned it to a supervisory position not covered by the Agreement, one
who holds no seniority rights under it, entitling him to perform said work.
512.
That Clerical Employe, Sandal P. Gordon, the employe to whom the work
should have been assigned and who is the claimant in this case, be compensated for one call, two hours at the time and one-half rate for January
16,
1956
and each and every day thereafter, Monday through Friday and in addition
thereto, eight hours at the time and one-half rate for Saturday, January 21,
1956
and each and every Saturday thereafter that the violation continues.°P
FINDINGS: This Special Board of Adjustment upon the whole record and all the
evidence, finds that:
The carrier and the employee or employees in this dispute are respectively carrier and employees within the meaning of the Railway Labor Act, as approved
June 21,
1934.
This Special Board of Adjustment has jurisdiction over the dispute
involved herein.
Prior to April
6, 1954,
R. F. Ebner came under the Telegraphersy Agreement and worked at Allouez. During the winter months he performed all of the
telegrapher duties at Allouez and also some clerical work which was incidental
to his telegrapher duties, and during the ore season in the summer months his
clerical duties were given to clerks, and then at the end of the ore season when
the clerks, duties diminished he would again assume all of the duty at Allouez.
On April
6, 1954
the carrier appointed Ebner as Agent at Allouez, which was an
excepted position under the Telegraphersf agreement. He became a supervisory agent
and he still continued to perform all of the telegrapher and clerical duties during the wintertime and delegated his clerical duties to clerical employees during
the ore season. On or about January
16, 1956
the claimant clerk was put on,the
second shift at Allouez, and sometime thereafter the claimant filed a claim with
the carrier, stating that the agent was performing at least two hours of clerical
duty each day and was also performing some clerical duties on Saturdays.
Award No. 22
Case No. 22
The Board finds that the employees have failed in their evidence td
show, that the agent has performed any clerical duties on the Saturdays in question,
but finds that even though this agent as a telegrapher prior to April
6, 1954
was allowed to perform clerical duties which were incidental to his telegrapher
duties, that when he became a supervisory agent on April
6, 1954
he could no
longer perform these clerical duties.
When Ebner became a supervisory employee he could no longer do the
clerical work that he had been allowed to do when he was under the Telegraphers?
agreement. Therefore, this claim must be sustained as to a call for the claimant
to perform the clerical duties now being performed by this supervisory agent on
Mondays through Fridays.
A ll A R D
Claim sustained in accordance with the opinion.
!s/ Thomas C. Begley
Thomas C. Begley, Chairman
(s/ C. A. Pearson
C. A. Pearson, Carrier Member
/s/ F. A. Emme
F. A. Emme, Employee Member
Signed at St. Paul, Minnesota this 11th day of September, 1957.
2 -
c
0 P Y AWARD NO. 22
CASE NO. 22
SPECIAL BOARD OF ADJUSTMENT NO.
171
BROTH&RHOOD OF RAILWAY AND STE11MSHIP CLERKS,
F."MGHT HAPIDLEt.S, EXPRESS AND STATION E1PLOYES
vs
GREAT NORTHERN RAILWAY COMPANY
INTERPRETATION N0. 1
The Employes state that a dispute has arisen between the parties
involving application of this award and the payment of monies due thereunder to the involved employee and have filed a request for an interpretation,
pursuant to Section 11 of the Memorandum of Agreement dated November
15,
1956,
establishing Special Board of Adjustment No.
171.
The award as written contemplated that the claimant should be paid
from January
16, 1956,
for each and every day thereafter, Monday through
Friday, for a call to the beginning of the ore season of
1956,
and should
be paid for a call for every day, Monday through Friday, from the end
of the ore season of
1956
to the beginning of the ore season of
1957.
/s/ Thomas C. Begley
Thomas C. Begley
Chairman
Lsl
C. A. Pearson
C. a. Pearson
Carrier Member -
/s/ C. C. Denewith
Employee Member -
Signed at St. Paul, 1:innesota this 10th day of December,
1958.