SPECIAL BOARD OF ADJUSTRENT N0. 192
PARTIES: BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION &PLOYES
AND
THE BALTIMORE AND OHIO RAILROAD COLPANY
AWARD IN DOCKET N0. 5
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) Carrier violated the Clerks' Agreement at Cincinnati,
Ohio) when on October 9, ill 16, 173 1951, Assistant
Regional Accountant J, W, W, Spann priced and extended
inventory cards for a total of
18
hours,
On October 3.
4~ 8,
9, 15, 16, 23, 242 25, 1951, Mr, 0, J,
Payne3 Supervisor, compiled Form 955-A and inventory cards
for a total of 33 hours 45 minutes,
On October 3 and
8
1951, Mr, D, A, Kinninger, Supervisor
(M of E Department , prepared Form 955-A for a total of 4 hours,
On October 19, 22, 23, 24, 25, 1951, Mr. J. H. Dickeson,
Inspector of Accounts, worked on inventory cards for a total
of 46 hours and 30 minutes, and
(2) That W, C. Baker,, Jr, be compensated at the punitive
rate for 102 hours 15 minutes at his daily rate of X14,66
per day.
FINDINGS:
This claim arises as a result of certain work performed by an
Assistant Regional Accountant and two Supervisors in connection with taking
and compiling the 1951 inventory,
It is stated in the employes' submission that the crux of this
dispute is to determine if the work of preparing Form 955-A, preparing
inventory cards, sorting, pricing and extending is work that should be
performed by employes covered under the Clerks' Agreement. In essence
that is a correct statement of the issue,
It appears that a number of clerks, inspectors of accounts, bureau
supervisors., storekeepers and members of stores department forces went into
the field with track and signal supervisors, master carpenters and other
supervisors to record material. The actual count was made in the field
and notes thereof taken. The notes were then brought into the Regional
Accounting Office and consolidated on to a form designated as 955-A. The
pricing and extending referred to involves indicating on inventory cards
the number of units of particular commodities and the unit price thereof
which was then extended to determine the total value of material on hand,
Docket No.
5
The taking of annual inventory is a task of considerable magnitude which by its very nature must be completed within a relatively short
period of time. It is shown by the Carrier that during the time of taking
this annual inventory the Regional Accounting Office worked a total of 334
hours overtime of which the claimant here worked
52,4
hours,
There is a conflict with respect to what the practice has been in
preparing Form
955-A.
The Carrier asserts and the employes deny that it
has always been the practice for the supervisors to prepare that form from
their own notes. That would seem to be the logical way to do it since it
would be more difficult for one to take anotherts notes and consolidate
them, 41ith respect to the pricing and extending there is also a conflict.
The employes assert that supervisors price and extended indiscriminately, the
Carrier asserts that they merely priced on cards on which the Clerks were
unable to determine proper prices.
The burden of proving facts sufficient to sustain a claim is upon
the asserting party. On this record it cannot be found that the employes
have shown by a fair preponderance of the evidence that the supervisors
performed any clerical work other than that which was incidental to work
which was unquestionably rightfully performed by them in the taking of the
inventory. Under these circumstances we find no basis for a sustaining
Award.
AWARD
Claim (1),
(2)
dismissed.
E. J, Hoffman
Employe Member
Dated at Baltimore, Maryland this
13th day of January,
1959.
/s/ Francis J. Robertson
Francis J. Robertson
Chairman
q8
T. S. Woods
S. Woods
Carrier Member