e
Docket No. CL-alas
0 Award No. 15
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 177 (PRR)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1, 1942,
except as amended, particularly Rules 3-B=1, 3-B-2, and 3-E-1, by diverting-83
cars of L.C.L, merchandise on-November 10, 1952, 56 carloads on-November 11, 1952,
and 5 carloads on November 13, 1952. These cars-of merchandise, all destined 11th
Street Freight Station, Pittsburgh, Pennsylvania, Conemaugh Division, were diverted to freight stations in other seniority districts.
(b) That A. J. Marino and 316 other named regularly assigned employes,
as well as all Extra employes, at Eleventh Street Freight Stations who were de
prived of the overtime required to unload and handle the diverted freight, each
be allowed one dayqs pay, at the punitive rate, for each of the dates mentioned
in the claim, November 10, 11 and 13, 1952, as a penalty. (Docket C-706)
FIIIDINGS: It appears from the record that the 11th Street Station at Pittsburgh
handled LCL freight both for the city and other adjacent localities,
Two truckers? strikes in August and September, 1952 resulted in heavy increase of
LOL business and these were followed by a strike of teamsters in Pittsburgh on
October 28, which held up deliveries in the city and caused overcrowding of plat
form space at the freight house and otherwise hampered the transfer work. The
eventual result, early in November, was, in the wards of the employes, "a
staggering and crippling accumulation of cars at 11th Street Station and in the
adjacent yards.°P
To relieve the accumulating
congestion Carrier
made effort to employ
available platform forces and called for increasing overtime, for which it paid
in the month of November more than $63,000.00, being 35% of the total wages paid
those forces.
Further, to relieve the congestion and resulting delay Carrier diverted
the ears here complained of to freight stations in other seniority districts. However, it appears to have diverted no more than necessary to ease the congestion
without affecting full time employment at 11th Street Station since the employes
there worked more overtime in the latter part of November, after the diversions
than before.
In the situation here presented as in that in Docket 7789, we find that
due to conditions beyond Carrier's control the employes were unable to accomplish
timely performance of the work and Carrier was thereby released from any obligation
which might exist to the extent that it acted in the diversion of cars to other
freight stations for
handling.
AM:
Claim denied.
Signed this 17th day of July, 1957
/s/ R.
H.
Skinner, Jr.
R.
H.
Skinner, Jr., Carrier Member S, U. 1P. Loehr, Employe Member
(s/ Mortimer Stone
Mortimer Stone, Chairman