C 0 P Y
ORG. FILE 8-1-Blackwell AWARD N0. 10
 CARRIER FILE D-2525 CASE N0. 10
 NRAB FILE CL-9103
 SPECIAL BOARD OF ADJUSTMENT 110. 194

 PARTIES The Brotherhood of Railway and Steamship Clerks,
 Freight Handlers, Express and Station Employee
 TO

 DISPUTE St. Louis-San Francisco Railway Company

(1) The Carrier violated the terms of the currently effective Agreement between the parties when on September 2, 1955, it abolished the position of bill clerk at Blackwell, Oklahoma, and assigned the work of that position to others who hold no seniority or other rights under the Clerks' Agreement.

 (2) J. A. Pitts and all others who have been adversely affected by reason of this abolishment and violation be reimbursed for all losses sustained.



The Carrier and Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act as amended.

'In 1955 by reason of a decrease in station business and revenues at Blackwell, Oklahoma, the Carrier abolished a Bill Clerk position and assigned the duties of the position to the only two remaining employes at the station, an A-ent-Yardmaster and a Cashier-Telegrapher, neither of whom had rights under the Clerks' Agreement. The Agent-Yardmaster position always had been a supervisory position not covered by any agreement until 1946 when it became a partially excepted position under the Telegraphers' Agreement. The Agent Yardmaster performs no telegraphic duties.

 In reassignment of the work upon abolishment of the Bill Clerk position, the Cashier-Telegrapher was assigned rating and billing work; and the AgentYardmaster was assigned maintaining a check of the yards, preparing lists for trains picking up and maintaining demurrage records.

 Two of these positions, the Agent-Yardmaster and the CashierTelegrapher, have been established positions continuously since 1922 when the station forces also included a Chief Clerk, an Assistant Cashier and a Yard Clerk. The Bill Clerk position was established in 1925 and continued in existence until abolished in 1955.
 Award No. 10
 Case No. 10

 The Chief Clerk position was abolished in 1936 and its supervisory duties were assigned to the Agent-Yarclinaster and the remainder to the Bill. Clerk, The Assistant Cashier position was abolished in 1930 and its duties were assigne.i mainly to the Telegrapher-Cashier and some to the Bill Clerk. The Yard Clerk position was abolished in 1935 and its duties were assigned to the Bill Clerk.

 When the Bill Clerk position was abolished in 1955, this left no ermployes covered by the Clerkst Agreement at Blackwell.

 First. The Carrier has taken and preserved a position that this Board may not issue a sustaining award unless and until notice has been given to all interested parties involved in this dispute.

 The record does not disclose the giving of any such notice and this Board has heard only the two parties shown to have appeared.

 There are numerous Adjustment Board awards and court decisions on this subject. This case is on the docket before us and we have felt under obligation to dispose of it on the merits of what is before us. If we have exceeded our authority in doing so, appeal to higher authority than ours is open to anyone who may be so advised.

 Second. When the work of a position decreases, as it did here, the position may be abolished and the remaining work may be assigned to other Clerks or, in certain circumstances, to Telegraphers.

 It was not improper to assign the inside clerical duties of the abolished Bill Clerk position to the Cashier-Telegrapher position since it does not appear that these added duties were in excess of his capacity to perform along with his telegraphic and other duties (S.B.A. No. 194 Award 7).

 Third. The remaining duties of the abolished Bill Clerk position, which in
 cluded the outside work, involves other considerations. The Agent-Yardmaster
 had no telegraphic duties to perform. Unlike the situation at Chaffee (S.B.A.__.
 No. 194. Award 5), there were no remaining assigned clerks here; but there did
 remain a Telegrapher) along with the Agent-Yardmaster, both of whom are perform
 ing all of the clerical work at the station.

 This was, therefore, not a one-man station; nor was the work under clan clerical work which was normally incidental to the supervisory duties of an agent or a yardmaster within the meaning of Awards 931, 1593 and 5509; see also 6657.

 It follows that a sustaining award is in order. While this Award sustains item 1 of the claim, the Carrier may sufficiently comply with this part of the award and the Agreement, without restoring the Bill Clerk position, if the work be assigned to and performed by employes entitled thereto.


Fourth. The claim is for "losses sustained-? and not for pay based on the time
 spent by the Agent-Yardmaster performing work within the scope of the Clerks'
 Agreement.

 The claimant Pitts, who was on leave of absence when his position was abolished, exercised his seniority on a position at another location which paid a higher rate. He, therefore, sustained no monetary loss except moving expenses to the new location, which is not a wage loss.

 During Pitts? leave of absence his position was being temporarily filled by L. E. Atnip and the abolishment occurred while Atnip was filling the vacancy. The evidence of record therefore establishes the fact that Atnip was adversely affected; but it is not established that anyone else was adversely affected.

                      A 11 A R D


        Item 1 of the claim sustained.


Item 2 of the claim sustained as to L. E. Atnip for time lost subject to verification and ascertainment of amount on joint check; otherwise denied.

                    /s/ Hubert Wyckoff

                      Chairman


/s/ T. P. Deaton ,Is/ F. H. Wright
 Carrier Member Employe Member

 Dated at St. Louis, Missouri, December 19, 1957.