0 Award No. 29
0 Case No. 29
P
Y SPECIAL BOARD OF ADJUSTivENT N0. 171
BROT1ERHOOD OF RAILWAY AND STEAb2SHIP CLERKS,
FREIGHT HANDLERS, EXPRESS APID STATION EMPLOYES
vs
GREAT NORTBERN RAIL1`IAY COMPANY
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes that the Carrier violated the current agreement,
oel. When on Play 6, 1956 they removed overtime work from position held by
Sam Goldberg, Yard Clerk at Superior, llisconsin consisting of checking back tracks
20 and 30 consisting of 165 cars or more. Total time required in the checking is
one hour thirty minutes. Work was performed by an employe by the name of Mr. Udeen
who does not perform this work during the other days of his assignment. On
Sunday May 13, 1956 the Carrier removed the same kind of overtime work from the
position and had it performed by two employes, Mr. H. Udeen and Mr. F. OfKeefe.
The time consumed totaled three hours. Each of these employes were instructed
not to perform in excess of one hour thirty minutes of work each. The work was
performed on these two Sundays that Employe Goldberg was not called but was
regularly assigned to his position.
02.
That the Carrier now be required to compensate the regular employe Sam.
Goldberg who was exclusively affected by reason of this violation of the Agreement, for eight hours at the time and one-half rate for May 6, 1956 and each and
every Sunday and holiday thereafter that this employe was not called as provided
for in the Agreement.ot
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.
The claimant is a regularly assigned yard clerk at Superior Yard. This
position is a 6-day position working Monday through Friday. The position is relieved on Saturday by a regular relief employee and blanked on Sunday. The
claimants regular assigned duties, according to his bulletin, are to check incoming cars. The title of the position bid in by the claimant is Yard Clerk (incoming).
.
Award No, 29
Case No. 29
On Sunday, May
6, 1956,
Weiglvnaster Clerk Udeen was used to check some
165
care on trains 20 and 30 in Superior Yard. These are incoming tracks and is
work that is performed under the claimantva bulletined job on Monday through
Friday, and work that is performed on Saturday by the claimant Qs relief, Frank
O'Keefe* On Sunday, May 13,
1956,
weighmaster clerk Udeen and Frank OtKeefe both
checked incoming cars.
Mr. Udeen is assigned on a seven-day position, 4:00 PM to midnight,
Tuesday and Wednesday rest days. The assigned duty of Mr. Udeenps position is
weighmaster and helperps work. Mr. Frank O'Keefe is a regular assigned relief
employee who relieves the claimant Qs position on Saturday, and the other four
days of his relief position are assigned to other seven-day positions. On the
Sundays of May
6
and 13,
3956,
Mr. O?Keefets assigned position was to check outgoing cars, and Mr. Udeen, beside his weighmaster duties, assisted OPKeefe.
Due to the fact that the carrier has bulletined the claimantqs position
as
incoming yard
clerk, he is entitled to a call for May 6th and May 13th because
Udeen and OQKeefe performed work which belonged to this claimant under his bulle
tined job
. Therefore, this claim will be allowed under Rule 38,
A W A R D
Claim allowed 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.
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