SPECIAL BOARD OF ADJUSDiENT N0. 173 Award No. 18
PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood that:
a The Carrier violated the Rules of the Clerks' Agreement at Baker, Oregon, when
it failed to call and use Janitor-Trucker Ivan E. Eckland to perform janitor work
on his position on his rest days Saturday, March 27, 1954 and Sunday, March 28, 1954,
work which was not part of any assignment and regularly assigned to and performed by
him during his work week, Monday thru Friday.
(b)
That Janitor-Trucker Ivan E, Eckland, shall be compensated for 3 hour call at
time and one-half at the rate of position to which he was assigned for March 27th
and 28th, 1954, and for all subsequent Saturdays and Sundays until the violation of
the agreement is corrected,"
FINDINGS: The Board, upon the whole record and all the evidence, find that:
The Carrier or Carriers and the Employee or Employees involved in this
dispute are respectively Carrier and Employee within the moaning 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,
Although sweeping out the Baker, Oregon Passenger Station is one of claimantts Janitor chores during his five day work week, it is, nevertheless, a
minor part of his total
job
content.
Rule
41(l)
of the Clerks' Agreement does not dictate either that claimant
be called on his assigned rest days for the sole purpose of handling this meager
amount of work, or does it reasonably contemplate that the delegating of this task
to the regularly assigned Baggageman-Clerk on duty as an incident of the latter's
assignment on the days here involved, is a diminution of claimants seniority preference,
AWARD: (a) The failure to call and use claimant on March 27 and 28, 1954, was not
a violation of the Clerks' Agreement,
(b)
Claim denied.
SPECIAL BOARD OF ADJUSTNENT N0. 173
/s/ Harold M. Gilden
Chairman
/s/ A. J. VanDercreek
Carrier Member
I
s/
Stanley B. Eoff
Organization Member
Salt Lake City. Utah
June 20, 1958