!f
C AWARD N0.
7
0 CASE N0. 7
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 171
BROT'HM:00D OF RnA~INJAY AND STEAMSHIP C,LERKS,
FREIGHT HAhDLMS, EMPRESS AND STATION EMmPLOYEES
vs
GREAT NORTHERN RAILWAY COMPANY
STATEMENT OF CLAI3.I:
??Claim of the System Committee of the Brotherhood of Railway and
Steamship Clerics, Freight Handlers, Express and Station Employes that
the Carrier violated the rules of the current agreement,
V',1.
?^Then on September
9, 1955
they removed work covered by the Clerks?
Agreement and had it performed by employes outside of the agreement.
1?2.
That the Carrier now be required to compensate the three senior
checkers in the Freight House at Minot, North Dakota, who are affected
by this violation, for five and one-half hours at the punitive rate of
pay for Septeuber
9. 1955
and each and every day thereafter that the
violation continues."
FIND114GS: 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 Speoial Board of Adjustment has jurisdiction over the dispute involved herein.
The Employees state that sometime prior to September
9, 1955,
the Carrier
put into operation at the freight house at Minot, North Dakota, a revised method
of handling LGL freight. That prior to the inauguration of this service shipments
of LCL freight were handled in box cars and the shipments were loaded individually.
That in establishing a new method the Carrier, at their various warehouses, loaded
these individual LCL shipments into containers (piggy-back trailers) and then loaded these containers onto flat cars which were delivered onto freight platforms at
various points and then these containers were picked up by so-called contract
draymen and delivered to the various consignees. That each shipment was checked
by these contract draymen from these containers to the individual consignee.
Prior to this operation the checkers in the freight house at Minot had
always checked these individual shipments and delivered them to the consignee?s
agent at the platform. That the checking was discontinued on or prior to
September
9, 1955.
Y
f'
Award No. 7
The Carrier states that this claim is without support of any rule in the
Clerks? Agreement and is devised to bring work within the scope of the Clerkst
Agreement which never before has been performed by the classes of employees covered
by that agreement. That the particular service in dispute is performed after the
freight has left the property of the Carrier and when it is subject to the Control and responsibility of the contract motor transport company, and is performed
independent of the railroad and is not in the strict sense a railroad service.
From the evidence submitted, the Hoard finds that the scope rule of the
Clerks? Agreement does not describe this work as reserved exclusively to clerks.
The Clerks state that prior to this operation they performed the checking of LCL
freight in the freight house at Minot and they always checked these individual
shipments and delivered them to the consignee's agent at the platform. At the
present time there is no need to check the LCL freight at the freight house because the entire LCL shipment is picked up by the contract motor transport company
and is now new work that has not heretofore been performed by any craft. Therefore, it cannot be successfully argued that the work in question has been customarily and traditionally performed by clerks.
Therefore, this claim must be denied.
A 64 A R D
Claim denied.
Isl
Thomas C. Hegley
Thomas C. Begley, Chairman
Is/
C. A. Pearson _ _ _
C. A. Pearson, Carrier Member
s F. A, 1nme
F. A. Flxae, ESuployee Member
Signed at St. Paul, Minnesota, this 10th day of April, 1957.
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