SPECIAL BOARD OF ADJUSUAENT N0.
173
Award No.
28
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
Em loyes that:
(1 Carrier violated Agreement dated June
29, 1955
when on June
19, 1956
and
June
20., 1956
they required and permitted a Coach Cleaner, an employe not covered
by B. of R. C. Agreement, to supply cabooses at North Platte, Nebraska.
(2) Carrier shall now compensate Sylvester Giddens under Rule
39
of Agreement
effective May 1,
1955
2)r three hours for June
19, 1956
and four hours for June 20,
1956
at penalty rate."
FINDINGS: The Board, upon the whole record and ali 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 Actp 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,
Because routine labor tasks, which comprise a relatively minor part of
the total job content, are included within a particular work classification, it
does not mean that the incumbents therein, and they alone are vested with
exclusive performance rights.
Under the circumstances where a coach cleaner may rightfully engage in
washing the inside and outside of two cabooses, he may$ as an incidental function
thereof, supply same with ice and water. The soundness of this viewpoint is
particularly evident where., as here, the disputed task has not resulted in any loss
to claimant of straight time pay.
Award: 1. Carrier did not violate the June 29,
1955
Agreement when a Coach Cleaner
supplied cabooses with ice and water at North Platte, Nebraska, on
June
19
and 20,
1956.
2.
Claim denied.
~7~7~ .
SPECIAL BOARD OF ADJUSrtTU-IENT N0.
173
/s/ Harold ht, Gilden
Chairman
/s/ A, J. VanDercreek
arrier Member
/s/ C. F. Blgnall
Organization Member
TI
dissent
Omaha, Nebraska
February
24, 1959