SPECIAL BOARD OF ADJUSTHENT NO. 192
PARTIES: BROTHERHOOD OF RAIIWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EL'?PLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 31
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) Carrier violated the Rules of the Clerks' Agreement at Toledo, Ohio,
when on Sunday, October 16,
1955,
Stenographer Clerk L. M. Waltner was denied the
right and opportunity to perform work on his position on that Sunday that he performs as part of his regular assignment from Monday through Friday, and
(2) That Carrier shall now compensate Stenographer Clerk L. 14. Waltner
for a four (4) hour call for Sunday, October 16,
1955.
FINDINGS:
At Toledo in the Terminal Trainmaster's Office there are positions of
Stenographer-Clerk and General Clerk. The Stenographer-Clerk position is assigned
Monday through Friday. The General Clerk is assigned Tuesday through Saturday.
The Steno-Clerk position processes time slips Monday through Friday. That work is
performed by the occupant of the General Clerks position on Saturdays. On the
Sunday involved in the claim the General Clerk was used to perform four hours of
service in processing time slips and four hours work normally performed on the
General Clerks position. The occupant of the General-Clerk's position is senior
to the occupant of the Stenographer-Clerk position,
The employes contend that under Rule 4(b-2) the Stenographer-Clark as the
regular employe should have been called to perform the time slip processing.
The Carrier contends that there is an overlapping of work on the two
positions and that where the overtime work involved belongs to either of two
positions when it is necessary to call the regular employe the senior employee
should be used.
Rule 4(b-2) reads:
'Where work is required by the Management to be performed
on a day
which is
not a part of any assignment, it may be
performed by an available extra or unassigned employee who
will otherwise not have forty (40) hours of work that week;
in all other cases by the regular employee."
Docket No. 31
There was no available extra or unassigned employee who did not have forty
hours of work in the week involved so the sole question is whether or not the
claimant or the occupant of the General Clerk's position should have been called
to perform the time slip processing on Sunday. It may be conceded that the
principle contended for by the Carrier is correct but whether or not it was properly applied in this instance is another question. It is quite clear that the
work of processing time slips is regularly performed by the Stenographer-Clerk
five out of the six days such work is performed. When performed on Saturdays it
is merely absorbed on the General Clerk's position in conjunction with other
duties. It is work clearly identifiable as that of the stenographer-clerk and as
to which under the facts here the incumbent of that position was the."regular"
employe as that term is used in Rule 4(b-2).
AWARD
Claim sustained.
/s/ Francis J. Robertson
airman
/s/ E. J. Hoffman /s/ T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Maryland this
25th Day of August, 1959.