SPECIAL BOARD OF ADJUSTMENT N0. 171
BROTHERHOOD OF RAILI~AY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES
GREAT NORTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
AWARD N0.
49
CASE N0.
49
JU(
t3ERT
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
1. At Minneapolis Freight on various dates by blanking freight handlers
positions and failing to utilize the services of available extra list employes and
2. That the Carrier now be required to compensate each of the following
named extra list employee one day's pay at pro rata rate for each of the dates listed
January
6, 1958
January 7,
1958
David J. Simondet David J. Simondet
Ronald S, Rajcic Ronald S. Rajcic
Cheater Pogodzinski Chester Pogodzinski
Carl J, Lindberg
Edward Riley
Carl R, Stewart
Januar 10
1958
DaviWmondet
Ronald S. Rajcic
Carl J,, Lindberg
Edward Riley
Carl R, Stewart
Harold D. Davidson
FINDINGS:
Carl J, Lindberg
Edward Riley
Carl R. Stewart
January
13, 1958
Edward Riley
Carl R. Stewart
January
8, 1958
David J. Simondet
Ronald S, Rajcic
Chester Pogodzinski
Edward Riley
Carl R, Stewart
Harold D. Davidson
January
14, 1958
Carl J. Lindberg
Edward Riley
January 17,
1958
Howard Streeter
Brian Moliter
January
9. 1958
David J, Simondet
Ronald S, Rajcic
Edward Riley
Carl R, Stewart
January
16, 1958
Carl J, Lindberg
Edward Riley
The employees state that at the Minneapolis Freight Station on various
dates the Carrier violated the Effective Agreement by blanking freight handlers
positions and failing to utilize the services of available extra list employees;
That these vacancies were created due to illness, and so forth, and that the
vacancies occurred on five day positions and were blanked in a number equal to the
number of employes who are making claims for the dates of January
6,
7,
8, 9, 10,
13y' 14, 16
and 17.E
1958.
The employees state that the Carrier has violated a number of rules of the
Effective Agreement, but particularly rely upon Rule
33
which states 11regular
positions shall not be assigned to less than five~days per week".
Award No. 49
Case No.
49
The Carrier states that at the Minneapolis Freight House, which is the
largest freight handling operation of the Carrier, approximately
90
regular
assigned jobs are maintained at this facility and that the vast majority of these
positions are regular positions; that an extra list is maintained at Minneapolis
which protects extra work at the Freight House and that this dispute involves what
amounts to a guarantee to employees on the extra list to fill the regular five day
position when the encumbent is voluntarily absent. That sometimes when the regularly assigned employees request and are granted permission to lay off due to
illness or for personal reasons, that the vacancy thus created is filled and sometimes the vacancy is not filled, depending upon the requirements of the service,
The Board finds that Rule 33 reads as follows:
"Rule 33. FIVE DAY WEEK. Except as provided for by Rule 31;
regular positions shall not be assigned to less than five
(5)
days per week, except that this number may be reduced in a week
in which holidays occur within the five days constituting the work
week by the number of such holidays."
That the provision contained therein that 'regular positions shall not be assigned
for less than five days per -week", refers to the regularly assigned employees and
is not a guarantee that if the regular assigned employee does not report to work
for reason of illness, or any other reason, that there is a guarantee by the Carrier
that an extra man will be used. This is distinguished from our Award No. 30,
which was based upon the interpretation of the added words to Rule 3(d) which
compelled the Carrier to fill 7 day positions 7 days a week. Rule 33 does not
compel the Carrier to fill the
5
day assignment with extra employees when the
regular employee fails to report to work.
A W A R D
Claim denied,
/s/ Thomas C. Begley
Thomas C, Begley, Chairman
~. A. Pearson
C. A.CPearson, Carrier Member
I dissent /s/ C. C. Denewith~
C, C, Denewith, Employee Member
Signed at St, Paul, Minnesota this 10th day of February,
1959
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