ORG. FILE 21-137
CARRIER FILE
140-542-9
A`JARD N0.
15
NRAB FILE CL-767^; CASE N0. 15
SPECIAL B0AR2) OF ADJUSTMENT N0. 174
PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
TO
DISPUTE Gulf, Colorado and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(a) Carrier violated the current Clerks' Agreement at Gainesville.,
Texas, when it denied to M. E. Liedtke the right to perform overtime work
in Yard Office from 7:00 P.m. to 10:30 p. m., January 21,
1954,
and from
6:00 p.m. to 8:00 p.m., January 22,
1951+.
(b) M. E. Liedtke shall now be paid 31301f at time and one-half
at rate of Yard Clerk for January 21., 1954, and two (2) hours at time and
one-half at rate of Yard Clerk for January 22, 1954.
FINDINGS: Special Board of Adjustment No. 174, upon the whole record and
all the evidence, finds ani holds:
The Carrier and Employes involved in this dispute are respectively Carrier and Employes within the meeming of the Railway Labor Act as amended.
This Special Board of Adjustment has jurisdiction over this dispute.
There were three yard clerk positions around the clock at Gainesville
and also two train checker positions assigned to the first and third tricks.
Although the positions have different titles, yard clerks and train checkers
perform the same class of work.
Claimant was regularly assigned to a relief position with rest days
on Thursdays and Fridays. The only days on which he was assigned to the yard
office were Sundays and Mondays when he relieve?.the first trick yard clerk.
On the Thursday and Friday covered by
the claim,
the second trick
yard clerk position required assistance due to increase in volume of work for
two hours and one-half on Thursday and for two hours on Friday.
In order to provide this assistance the Carrier used
the occupant
of a regularly assigned relief position that relieved the third trick train
checker on Thursdgr and the third trick yard clerk on Friday. He was used on
both days during tie assigned hours of the second trick: on Thursday for two
and one-half hours before and continuous with his third trick train checker
assignment; and on Friday for two hours before but not continuous with his
third trick yard clerk assignment.
SQA 1'?'l-Awo IS
The claim is that Claimant should have been called on his rest days
to perform the work by reason of his seniority.
First. On familiar principles the occupants of the positions on Thursdays
and Fridays, whe were regularly assigned to the class of work for which the
overtime was necessary, had a preferential right to the work in question on
those days, regardless of whether the co rk was performed on an overtime basis
or on a call basis and regardless of whether
the occupants
of those positions
on those days held regular or relief assignments.
Since no other occupants of the positions assigned to perform this
class of work on Thursdays and Fridays filed claims, it is unnecessary to
decide whether, within the class, the proper man was used.
Second. Neither Claimants seniority nor his occupancy of the first trick
ya-r 'clerk position on Sundays and Mondays gave him a superior right to the
work in question on Thursdays and Fridays.
A t? A R D
Claim denied.
/s/ Hubert Wyckoff
Chairman
/s/ F. D. Comer /s/ W. Ray Clark
Carrier Member Employe Member
Dated at Chicago, Illinois, October
7, 1959.
REc
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