C SPECIAL BOARD OF ADJUSTIENT N0. 173
0 Award No. 7
P Case No. 8
Y
PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,




STATEMENT OF CIA124: 9'C1aim of the System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes, that
(1) Carrier violated agreement dated November 12, 1935, when they permitted and
required or. February 21, 1955, a hostler to transmit an Electrician from Frankfort,
Kansas, to Marysville, Kansas, in Store Department equipment regularly operated by
Auto Truck Tractor Operator 0. R. Bigham.

(2) Carrier shall now pay 0. R. Bigham on basis of a call for service not allowed to perform on February 21, 1955.'i

_- 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 were given due notice of hearing thereon.

Patently, the automobile truck resorted to in this instance, was not the only mode of conveyance available for transporting the two mechanical department employees from Frankfort, Kansas, to Marysville, Kansas. Neither does the Auto Truck Tractor Operator job description specifically mention the transportation of personnel as one of the duties thereof, nor is there any basis for inferring that the equipment referred to therein shall not be operated occasionally by other classes of employees in circumstances when such usage is consistent with their own assignment.

It has not been demonstrated that the disputed performance was a violation of the November 12, 1935 Agreement.

AWARD: Claim denied.





                            /s/ A. J. VanDercreek, Carrier Member


Omaha, Nebraska /s/ C. F. Bignall, Organization Member
March 24, 1958