C SPECIAL BOARD OF ADJUSTMENT N0. 17
0 Award No. 11
P Case No. 1
Y
PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
Union Pacific Railroad Company
STATEMENT OF CIA IM: o'Claim of the System-Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Elnployes that
(1) -Carrier violated scope rule and other rules of the Agreement dated February 1,
1952,
when they allowed and permitted supervisory-Agent C. E: Graff to do certain
yard check work at Topeka, Kansas, on August 2,
9, 12
and
13, 1952.
(2) Carrier~now compensate Claimant M. F. Dillman on basis of call for August S,
9,
12 and
13, 1952.91
FINDINGS- The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the Mnployee or Employees involved 3.n this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21,
1934.
The Board has jurisdiction over the dispute involved herein. The
parties to said dispute were given due notice of hearing thereon.
It matters not that the unsolicited intrusion (upon the work area
reserved to clerical employees covered by the Clerks' Agreement) was motivated by
good intentions. So long as there is a clear showing (as there is in this instance)
of a-usurpation of job duties regularly delegated to employees in the bargaining
unit, the sought after recovery herein is amply warranted.
AWARD: Claim sustained at straight time rate for each day involved herein.
SPECIAL BOARD OF ADJUSTMENT N0. 173
/s/ Harold M. Gilden, Chairman
/s/ A. J. VanDercreek, Carrier Member
(I dissent)
- /s/ C. F. Bignall, Organization Member
Omaha, Nebraska
March 24,
1958