SPECIAL BOARD OF ADJUSTniGNT N0.
192
PARTIES: BROTHERHOOD OF RAIL?TAY AND STEA14SHIP CLERKS,
vv~0
rh~
FREIGHT HAILERS, EXPRESS A1D STATION EMPLOYES
and
THE BALTIMORE AMID OHIO RAILROAD COT4PANY
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AWARD IN DOCIO;T N0. 33
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLA114:
(1) Carrier violated the Clerks' Agreement when it refused and continues to refuse to assign the work attached to and performed by Baggage and t.Tail
Porter at Harpers Ferry, W. Va., on ifonday through Friday, to employee covered by
the Agreement on Saturdays. The Saturday work is assigned to an independent contractor who is not covered by the Clerks' Agreement, and
(2)
That Baggage and Mail Porter L. R. Sampson and/or his successor
or successors in interest, if any, shall be paid for eight hours at overtime rate
(;112.54
per day plus increases) on July 23 and 30, August 6, 13,
20
and
27,
September 3, 10 and
17, 1955,
and subsequent dates until the violation is corrected.
FL\M ISIS: On June
7, 1954,
the Carrier established a new position of Baggage
and Nail Porter at Harper's Ferry under the Clerks' Agreement. Among
other duties the incumbent of the position handled mail between the station and the
Post Office for trains arriving during his tour of duty. Prior to the establishment
of this position a contractor was handling the mail on Saturdays for $'20.00 per
month. This same contractor continued to handle the mail on Saturdays after the
establishment of the Baggage and Nail Porter position.
The Carrier argues that the ;Ispecial servic0 exception in Rule 1(d)1
applies to the service performed on the Saturdays involved. ?9e see no merit in
this argument. By establishing a position and placing the service performed under
the Agreement, Carrier removed it from the category of especial servic0 and thereafter its performance would be governed by the other rules of the Agreement.
Accordingly, we find that a sustaining Award is indicated. It appears that the
Post Office Department took over handling of mail on February 1,
1958,
and accordingly the claim ceases on that date.
The proper payment under numerous decisions of the Third Division,
National Railroad Adjustment Board, is pro rata, not time and one-half as requested
in the statement of claim.
AL LARD
Claim (1) sustained.
Claim
(2)
sustained at pro rata rate.
_ /s/ Francis J. Robertson
Francis J. Robertson, Chairman
/s/ E. J. Hoffman /,sl T. S. Woods
E. J. Hoffman, Employee Member T. S. Woods, Carrier Member, Dissenting
Dated at Baltimore, PZaryland,
this 18th day of February,
1959