ORG.FILE 6-69 AWARD No . 4
CARi~IEKF FILE 140-326-24 CASE N0. 4
NRAB FILE CL-7956
SPECIAL BOARD OF ADJUSTMENT N0. 174
PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
TD
DISPUTE The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAI14: Claim of the System Committee of the Brotherhood
that:
(a) Carrier violated the scope and operation rules of the Clerks
Agreement beginning May 1) 1954, when it abolished Position No. 190, Store
Foreman in charge of North Wichita Store and assigned the remaining work
thereof to parties not covered by the Agreement; ands
(b) Former occupant of Position No. 190, Store Foreman North Wichita,
Mr. V, H. Converse, shall be paid the difference between the Store Foreman's
rate prevailing and rate of any position of lesser rate which he was forced to
occupy in displacement after May 1, 1954; and,
(c) All other employes involved in or affected by said rules violation
and displacement shall be compensated for such monetary losses resulting from
Carrierts action of May 1, 1954, until violation is corrected.
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.
Prior to 1954 the Carrier maintained two storehouses at Wichita:
a main storehouse at West Wichita and a sub-storehouse some 6 miles distant
at North Wichita. For many years prior to the substitution of Diesel power for
steam, it was necessary to maintain a substantial stock of materials at North
Wichita for use by the Mechanical Department in servicing and repairing road and
yard steam engines and also for car repairs.
The substitution of Diesel for steam service and the concentration
of repairs to Diesels at centralized locations gradually eliminated the need
for a substantial stock of materials at North Wichita which became largely
confined to Car Department materials such as wheels, couplers, brake beams, draft
gears) lubricants and so on. This resulted in a gradual decline in the number
of Store Department employes at North Wichita until immediately prior to May
10
1954 when only one clerk, a Store Foreman, was employed there.
At the time of its abolishment, the normal duties of the Store
Foreman position at North Wichita were as follows:
i r
Award 4, Case
4
Item 1, Check stock and make orders 1115°
Item 2. Assemble material for local shipment 3011
Item 3. Issue material to Mechanical Department employes 110011
Item
4.
Make requisitions covering material issued
45°
Item
5.
Unload incoming material from cars and load
bad order material to cars, with assistance
of Store Department employes from storehouse
at West Wichita (once or twice a week) 3'30"
Total 7100"
These duties havc always in practice been performed by employes covered by the
Clerks' Agreement.
Effective with the abolishment of the Store Foreman position, the
materials at the North Wichita storehouse were charged out to the Mechanical
Department as working stock to be used as needed and they ceased to be the
responsibility of the Store Department upon delivery at North Wichita.
The translation of these materials from stores to working stock resulted
in the elimination of Items 3 and
4.
The work embraced in Item 2 has been transferred to, and is being
entirely performed bye Store Department employes at West Wichita who are covered
by the Clerks' Agreement and who are in the same seniority district as North
Hichita.
The work embraced in Item
5
is still being performed by Stores
Department employes from storehouse at West Wichita (without the assistance now
of the abolished position) except that Mechanical Department employes now sort
and distribute materials so delivered at North Wichita and place them in bins,
racks and containers.
The work embraced in Item 1 has been transferred to, and is being
performed by, the Mechanical Department Foreman who checks stock and orders
materials daily, sometimes by telephone and sometimes by memorandum given to the
West Wichita Store Department Chauffeur when he is making deliveries to the
North Wichita Store.
First. On well settled principles,
when duties
of a position diminish or are
eliminated, the Carrier may abolish the position and transfer the remaining
duties to those entitled under the scope rule of the Agreement,
Second. The evidence of record supports the conclusion that the duties of issuing
materials to Mechanical Department employes and making requisitions therefor
(Items 3 and
4)
were; in fact eliminated.
This elimination was accomplished, not by a mere bookkeeping device, but
by the conversion of the North Wichita storehouse from a storehouse to a stock of
working materials. Whereas before the conversion Mechanical Department employes
could secure materials at North Wichita only upon the making of requisitions and
issuance by Clerks, after the conversion Mechanical Department employes were at
liberty to help themselves without the necessity of requisition, formal issuance
or record-making.
i i
Award
4,
Case
4
Thcre would not have been any such elimination, if the duties of the
Store Foreman had been transferred to the Mechanical Department Foreman without
any change in the former method of handling at North Wichita.
Third, The evidence of record supports the conclusion that the assembly of
materials for local shipment (Item 2) and the making of deliveries and the loading
and unloading of materials (Item
5)
are being performed by those entitled under
the Clerks' Agreement at West Wichita except for the sorting and distribution of
materials into bins racks and containers at North Wichita.
For the reasons stated in S.H.A. No. 174 Award 1, the sorting and
distributing of materials into bins 3 racks and containers ceased to be exclusive
Clerks
I
work when the North t,Jichita storehouse was converted into a stock of
Mechanical Department working materials,
Fourth. The remaining item of checking stock and ordering materials (Item 1)
has been transferred from the Clerks to the Mechanical Department Foreman.
The change in character at North Wichita from a storehouse to a stock
of working materials effected a change in the function of checking and ordering.
There is a difference between maintaining a balanced storehouse and gauging the dayto-day needs of a working force. In this view the checking and ordering of
materials ceased to be exclusive Clerkst work when the North Wichita warehouse was
converted into a stock of Mechanical Department working materials.
Fifth. The established past practice shown here is relevant and strong evidence
of the intention of the parties with respect to the operation of storehouses;
but evidence of the practice loses force when the conditions under which the prac=
tice was established changed and the storehouse in question was converted into
a stock of working materials.
A W A R D
Claim denied.
/s/ Hubert Wyckoff
Chairman
A. D. Stafford
A/
J. D. Bearden
Carrier Member Employe Member
Dated at Chicago3 Illinois December 16,
1958
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