C Docket No. CL-$085
0 Award No. 9
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 177 (FRR)
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 the Scope and Rule 2-A-1(a), when it failed to
properly advertise the position held by L. W. Healy, Hollidaysburg Reclamation
Plant, Hollidaysburg, Pennsylvania, Altoona Works Seniority District.
(b) The Claimant, L. W. Healy, be allowed the
difference between
the
rate of pay of Stores Laborer, and that of assigned Laborer, beginning February
15, 1954, and continuing on all subsequent dates until the violation is corrected.
FINDINGS: Claimant was awarded a position as Common Stores Laborer with duties
of loading and unloading all materials and assigned to the task of .
hooking on materials to a portable crane truck known as a Krane Kar at the
Hollidaysburg Reclamation Plant. This crane was used three days a week, five
hours per day.
The Employes contend that Claimant's position should have been advertised
as an Assigned Laborer position and Claimant paid the Assigned Laborer rate.
For many years the work of hooking on in the Reclamation Plant has been
classed and paid as Stores Laborer. Hooking on work at Altoona Car Shops has been
reclassified as assigned labor but it is apparent that such work is in conjunction
with overhead cranes handling heavier material and requiring greater skill.
Similar work with portable crane trucks at Juniata Storehouse has been reclassified as assigned labor. Carrier asserts that this involves the handling of more
valuable materials than at the Reclamation Plant and requires greater care. In
any event, the reclassifying of the work both at the Car Shop and the Juniata
Storehouse was by means of agreement and not by the sustaining of a claim therefor, as being required by existing rule. Further, it was specifically agreed in
connection with the reclassification of the position at Juniata Storehouse that
its reclassification should not establish a precedent.
We think the reclassification of the rate of individual positions under
such circumstances is a matter for negotiation.
AWARD: Claim denied.
/el
R. H. Skinner. -Jr.
R. H. Skinner, Jr., Carrier Member S. V. W. Loehr$ Employe Member
/s/ Mortimer Stone
Mortimer Stone - Chairman