C Docket No. CL-731$
0 Award No. 6
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 177 (PRR)
STATEMENT OF CLAIM: Claim of the Division Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942,
particularly the Scope,
when it
permitted E. R. Ellenberger, Stockman, Terre
Haute, Indiana, Southwestern Division, to transport stores material and parts in
his private automobile from Danville, Illinois, to Terre Haute, Indiana, on
November 6,
1953.
(b) C. T. Egan, Motor Truck Driver, Terre Haute, Indiana, should be
allowed eight hours pay as a penalty for November 6, 1953, because of this viola
tion. (Docket
W-899)
FINDINGS: Nothing in the Scope Rule or shown practice indicates that Claimantrs
classification of motor truck driver extended his duties beyond those
customarily performed by the use of motor trucks.
It is shown that the return and delivery of truck parts and other company material has not customarily been performed exclusively by motor truck but
has been made by various means of conveyance depending upon the requirements and
convenience of the service whether by truck or freight or as baggage.
It is also shown that parts and supplies have been carried by privately
owned autos of employes when incidental to other services properly being performed
by the user of the automobile.
The size and weight of the replacement parts here
involved are
not shown
but patently they are not so large or heavy as to prevent their being conveniently
carried in a private automobile.
If the Stockman and Gang Foreman who used the Voremanfs private automobile in the exchange of parts at Danville took back the wrong parts and returned with the correct parts for the primary purpose of exchanging those parts,
the work belonged to Claimant and the claim should be sustained. On the contrary,
if the main purpose of the trip was to straighten out the confused invoice and
charges and to make selection of the proper parts in place of the wrong or incomplete parts which had been sent before, then the handling of the parts was
incidental to the work of correcting invoices and selecting parts and was properly
performed by the Stockman and Gang Foreman.
The Carrier has asserted the delivery of the parts was incidental and we
think the Organization has failed to disprove that statement.
AWARD: Claim denied.
/s/ R. H. Skinner. Jr.
Is/
S. V. W. Loehr
R. H. Skinner, Jr., Carrier Member S. V.
w.
Loehr, Employe Member
/s/ Mortimer Stone
Mortimer Stone - Chairman