SPECIAL BOARD OF ADJUSTMENT N0. 192
PARTIES: BROTHERHOOD OF RAIIWAY AND STEAMSHIP CLERKS,
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FREIGHT HANDIERS, EXPRESS AND STATION EMPLOYE·~,_
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O
THE BALTIMORE AND OHIO RAILROAD COMPANY
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(a) Carrier violated the Rules of the Clerks' Agreement when it required
and/or permitted Relief Agent D, C, Dawson9 an employe not covered by the Clerks
Agreement, to perform clerical work at Brockway, Pa_ subsequent to the abolishment
of position of Chief Clerk-Cashier, No.
73-1-398,
rate of
014.39
per day, and
(b) That former incumbent and Extra Clerk J. F. Provinsky be paid one
days pay at the rate of
014.39
per day on February
28,
March
21,
April
7, 8,
21
and May
6, 1955.
FINDINGS:
The Carrier abolished a position of Clerk-Cashier at Brockway, Pennsylvania, effective January
8, 1955,
and assigned the remaining duties to the Agent.
On the dates of claim the Carrier assigned a Relief Agent to assist the Agent.
Except for the dates on which claim is made, there does not appear to be any question raised by the employees with respect to the performance of work at Brockway
from January
8, 1955
tc4U40
1.5, 1955,
the latter being the date on which the
clerical position was restored,
The employees assert that the Relief Agent was assigned to assist the
Agent as the clerical work had increased to such an extent that assistance was
needed. The Carrier pleads that the only work performed by the Relief Agent was
that which was performed on the Agent's position and not of the nature of work
which was formerly assigned to the Clerk-Cashiers position, However, the work
performed by the Agent fits the description of work set forth in the definition of
a clerk in Rule 1. The assignment of the Relief Agent following so closely upon
the abolition of the clerical position, it is only reasonable to conclude that the
clerical work on the Agents position had increased to such an extent that it had
exceeded the capacity of the Agent to perform it and assistance was needed. For
purposes of argument, it may be conceded that without violation of the Clerks
Agreement, a Relief Agent may be required to check an Agent's accounts or to break
in a newly assigned Agent, but on the facts of this case it appears that the Relief
Agent was actually required to perform the clerical work involved, Under these
circumstances, we find that a clerk should have been called.
AWARD
Claim (a) and (b) sustained,
/s/ Francis J. Robertson
Francis J. Robertson
Chairman
/s/ E. J. Hoffman /s/ T. S. Woods
2. J.~
T, S. Woods
Employee Member Carrier Member
Dated at Baltimore, Maryland this
19th day of February, 1959.