SPECIAL BOARD OF ADJUS29ENT NG. 192
PARTIES: BROTHERHOOD OF dAILWAY AND STEAMSHIP CL&KS, FREIGHT HANDLEtcS,
EXPRESS AND STATION aiPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COhPANY
AWARD IN DOCKET NO.
8
STATEAENT Claim of the System Committee of the Brotherhood that:
OF
CLAIM: (1) Carrier violated the Scope and Seniority Rules of
the Agreement when it removed routine scheduled work
from the Accounting Department at Cincinnati, Ohio, and assigned same
to excepted employes in the Personnel Department, and
(2) That Claimants C. F. Steele, Sr., i,. R. Myers, T. H.
Miles and E. T. Somerset, Clerk-Time Road Train and Enginemen, rate
$16.47
per days be compensated
41
hours each at their daily rate,
on overtime basis.
FINDINGS:
Some time in September,
1949,
in connection with claims
made by various firemen and engineers account of being held for special
service at certain points on the Ohio and St. Louis Divisions, an employe
in the Office of the Manager Labor Relations made a check of callers' and
other available records and bulletins to determine the carriers potential
liability on said claims, The matter was permitted to lie dormant until
some time in
1954
at which time the Organizations pressed the claims again.
An earlier settlement had been reached in a similar case on other divisions
and the Manager Labor Relations required his office force to apply the
formula agreed upon in the earlier settlement to the
1949
check to determine
the cost of settlement, It was finally agreed to dispose of the claims on
the basis of the figures computed in the office of the Manager Labor Relations
and the statement so prepared was forwarded to the Accounting Office and
the employes in the Regional Accounting Office performed the work of computing the applicable tax and preparation of time sheet on the final adjustment,
It is apparent from earlier settlements reached on the property
that the Organization takes no exception to the excepted employes in the`
Personnel Department making surveys and checking records in connection with
the
functioning of
that Department. Obtainingo collating and consolidating
information in connection with time claims is an inherent part of the
functioning of the Labor Relations or Personnel Department. Without a
computation of the cost of applying a given formula to data reflected on the
1949
check, the latter would be of little use to the Manager Labor Relations
in exercising his judgment with respect to disposition of the claims involved.
That computation would be just as essential to the proper functioning of the
s
-2- DOCKET NO. 8
Personnel Department as the obtaining of the other information contained in
the check. Once having thus prepared the computation for the use of the
Manager Labor Relations after the settlement was reached, there was no need
to have the same work re-performed by covered employes. Under the circumstances in this case therefore, we find that the computation was properly
performed by employes in the office of the Manager Labor Relations. Inasmuch
as that is the controversial item in the work of preparing the statements
involved, we find no basis for a sustaining Award.
AWARD
Claims (1) and (2) denied.
/s/ Francis J. Robertson
'rancis J, Robertson
Chairman
/sL
T. S. Woods
E, J. Hoffman Carrier Member
Employee Member
Dated at Baltimore, Maryland,
this 13th day of January,
1959.