C 0 P Y
ORG. FILE
20-83
AWARD N0. 10
CARRIER FILE
140-452-61
CASE N0. 10
NRAB FILE
CL-8464
SPECIAL BOARD OF ADJUSTI-ENT N0.
174
PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
TO
DISPUTE The Gulf, Colorado and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(a) Carrier violated the current Clerksp Agreement when it removed from
the scope and operation of that Agreement routine schedule work and requires or
permits one who occupies a position wholly excepted from the provisions of the Agreement to perform said routine schedule work and,
*(b) The senior qualified and available off-in-force-reduction employe on
the Southern Division shall now be paid eight (8) hours pro rata rate, and rate of
pay of
$15.39
per day for each day violations occur from July 1,
1954,
forward
until violations corrected; and if there be no such off-in-force-reduction employe,
then the senior qualified off-duty Class 1 Clerk at Sweetwater shall be paid eight
(8^) hours at time and one-half at the rate of his regular position, or at rate of
:?15.39
per day, whichever is the higher, from July 1,
1954,
forward until violations are corrected.
*NOTE: To be determined by joint check of payrolls and other Carrier records.
FINDINGS: Special Board of Adjustment No.
174,
upon the whole record and all the
evidence, finds and holds:
The Carrier and Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act as amended.
This Special Board of Adjustment has jurisdiction over this dispute.
The Chief Clerk to Agent position at Sweetwater is a position excepted
from the Scope of the Agreement by the express provision of Article I Section 1(c).
The claim is that the Chief Clerk has been performing the following
-'routine schedule clerical workvo at Sweetwater during the cotton season at
Sweetwater as follows:
Item 1. Make list of inbound cotton from waybills.
Item
2.
Write this information in Record Book.
Item 3. Place numbers on Railway Cotton Delivery Manifests, Form
1465
Std., which Carrier furnishes to Compress for unloading purposes.
Item
4.
Go to Cotton Compress and collect information on outbound cotton
loading.
Item
5.
Check outbound record against inbound to see what cars of cotton
loaded and date moved.
Item 6. Make check of compress tracks for information of Yard Switch Crews
in doing industry switching.
Award 10
Case 10
The chin is ;>ased upon a !':.e:acrandum of Interpretation of Application of krtic._~s
I and II of Agreement to become effective October 1,
1942"
which so far as pertinent
reads:
"In the application of Articles I 'and II of Agreement to
become effective October 1,
1942,
it is understood and
agreed that the work of Class 1,
2
and
3
employes, referred
to in said Agreement, when performed by officials and others
not covered by the Agreement, incident to or as a consequence
of their official or other positions, is not subject to the
provisions of said Agreement."
The Chief Clerk in practice always has traditionally performed all of the work
under claim, both before and after the adoption of the Memorandum Agreement
in
1942,
except during the periods:
September 1,
1929
to April 1,
1930
September
18, 1930
to January
5, 1931
November
3, 1933
to February
9, 1934
when a temporary position of Cotton Clerk was established to handle an unusually
heavy volume of cotton business.
First. This is not a case like Award
5621
(this property) where all of the
work was of a special nature compiled for the information of the Superintendent,
rather than routine clerical work, and so was work "incident to or as a consequence" of the excepted position within the meaning of the 1'?emorandum Agreement.
While some of the work comprised within the six items under claim may have been
incidental to the work of the Chief Clerk position, some of it was not. It is
unnecessary to determine this question item by item in view of the cohclusion we
have otherwise reached on the proper disposition of this claim.
Nor is this a case like Awards
3191,-3192
and
3504
(all on this property) where in practice the work traditionally performed by the excepted position
had always been entirely supervisory in nature.
Second. The work under claim here, whether routine clerical work or not, has in
practice been traditionally performed by the excepted position, both before and
after the adoption of the Memorandum Agreement in
1942,
except during the
1929,
1930
and
1934
cotton seasons when the volume of work exceeded the capacity of the
Chief Clerk to perform and a temporary position of Cotton Clerk was established.
Under the doctrine applied by Awards
5199, 5458
and
5489
(all on this
property) notwithstanding the adoption of the Memorandum Agreement, this claim
must be denied.
It is the policy of this Special Board to act upon the Agreement as
interpreted by Third Division awards on this property, whether we agree with the
awards or not, provided they are not palpably erroneous. We are unable to conclude
that Awards
5199 5458
and
5489
are palpably erroneous.
Award 10
Case 7 0
Third. The Carrier has challenged the technical validity of the claim upon the
ground that the claimant is not named. In view of the conclusion we have reached
on the merits, we find it unnecessary to express any opinion on this question.
A Dd A N D
Claim denied.
/s/ Hubert 4Jyckoff
Chairman
/s/ A. D, Stafford /s/ J. D. Bearden
Carrier Member Employs emberM mber
Dated at Chicago, Illinois December 19, 1958
-3-