SPECIAL BOARD OF ADJUSTMENT N0.
173
Award No.
25
Case 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 System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes that:
(1) Carrier violated certain rules of the effective agreement when in March of
1951
by Bulletin
89-51
they unilaterally added certain duties to position of
Messenger at Kansas City. The Carrier again in November
1954
by Bulletin
302-54
required Auto Messenger to drive truck and perform Truck Driver duties.
(2)
Carrier shall now be required to adjust rate of pay of all Auto Messenger
positions, Kansas City, Missouri, to
$15.92
per day, retroactive to
60
days from
April
30, 1956,
or 60 days prior to date request was filed with Mr. J. T. Singent."
FINDINGS
: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the Employee or Employees involved in 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 ware given due notice of hearing thereon,
When the additional duty of operating company automobile was incorporated
into the messenger job content at the Kansas City Freight Station by Bulletin
89-51
dated March
22, 1951,
it was contended by the organization that a new position was
created which warranted a rate adjustment up to the level of the existing Auto
Truck Operator classification. This dispute ultimately was resolved by letter
Agreement of May
16, 1951,
which established a composite rate of
$11.215
per day
for this job (currently
614.535
per day).
Said accord, achieved through collective bargaining processes (pursuant
to Rule
24
(b)) was premised on the expanded duties and responsibilities of the
position, and evidenced by the mutual acknowledgment of the parties that, on the
basis of the revised job content, the new rate was in proper relationship with
existing rates applicable to comparable positions in the same seniority district.
Inasmuch as the record in this case fails to establish the occurrence
of any subsequent materal alterations in the Messenger job requirements, the
instant dispute is essentially an attempt to rehash something that has been
already fully and finally settled.
i
Award No. 25
Case No. 18
AWARD: 1. The addition of certain duties to the messenger position at the
Kansas City freight house was not a violation of the Clerks
Agreement,
2. Claim denied,
SPECIAL BOARD OF ADJUS7iviENT NO. 173
/s/ Harold M. Gilden
Chairman
/s/ A. J. Vanbercreek
Carrier Member
_Ls/
C. F. t.gnall
Organization Member I dissent)
Omaha Nebraska
February 2Lt~ 1959
_2_