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Y SPECIAL BOARD OF ADJUSTi01T NO. 194
ORG. FILE 8-1-KC AWARD NO. 1G
CARRIER FILE D-2791 CASE N0. 1~
111AB FILE CL-9682
PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
TO
DISPUTE St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated and continues to violate the terms of the currently
effective Agreement between the parties when it assigns the work of writing
movement cards, carding cars for movement, and making records of cars carded
to employees (Car Inspectors) not covered by the ClerksQ Agreement with Carrier.
(2) F. D. McCleary, senior available Clerk, now be allowed an additional dayps
pay at time and one-half on each date, May 1, 1956 to July 28, 1956, inclusive;
August 13 to August 23, inclusive; August 31; September 2; September 21, 229 29;
October 1 to 20, inclusive; October 26, 28, 31; November 9 to 12, inclusive;
November 14 to 18, inclusive; November 23 to 25, inclusive,;, November 28 to
December 15, inclusive.
(3) Extra Clerk, R. L. Blake, now be allowed one dayes pro rata pay for July
29 to August 12, inclusive.
G. Reed, Extra Clerk, now be allowed one dayoe pro rata pay at the Yard
Clerk rate for August 29 and 30, September 1, 4, 6, 7, 10, 12, October 27 and
bTovember 13.
Extra Clerk, C. A. Pitts, now be allowed one day?s vro rata pay at the Yard
Clerk rate for September 5, 9, 13, 19, 20, 23, 24, 25, 26, 27, 30.
Extra Clerk, L. J. Soldanels, now be allowed one day9s pro rata pay at the
Yard Clerk rate for each date, September 3, 3, 15, October 22, 23, 24, 25, 29,
30, and November 5, 6, 7, and 8.
Extra Clerk, Norman Seacrease, now be allowed one day9s pro rata pay at the
Yard Clerk rate for each date September 14, October 21, November 2, 3, 4, 19, 20,
21, 22, 26, and 27.
FI;,TDI_IGS: Special Board of Adjustment No. 194, upon the whole record and all the
evidence, finds and holds:
The Carrier and Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act as amended.
This Special Board of Adjustment has jurisdiction over this dispute.
Award No. 13
Case No. 18
This claim involves the question whether the Scope Rule of the Clerks?
Agreement was violated at Kansas City when carmen carded cars for movement in
conjunction with their recognized duties of carding cars for commodity classification.
Car Inspectors have for many years been regularly assigned at Kansas
City to inspect empty equipment in the Carrier?s possession for mechanical
fitness and to classify it for commodity caroling. It is not disputed that this
is and always has been a proper function of the Car Inspector positions as
Mechanical Department work.
1n addition to this commodity carding, the equipment is carded for
movement, of which a record must be kept in order that clerks may prepare
switching lists designating the destination of the equipment.
In practice for the past 30 years empty equipment at Kansas City has
been carded for movement as follows:
Equipment has been carded for movement both by Yard Clerks and by
Car Inspectors who are assigned to commodity carding empty cars and filling empty
car orders for industries.
The majority of the movement carding of empties by Yard Clerks is on
cars received in inbound trains and cars received from connecting lines which
have been commodity carded. This work is usually done at night, or during the
hours when the Commodity Car Inspector is off duty. However, there may be
occasions when the Chief Yard Clerk will instruct the Yard Clerks to block card
an empty for movement while this Inspector is on duty; and in all instances in
the Chief Yard Clerk?s instructions to the Yard Clerks, he tells them what
empties, or points, to card the cars.
jdhen the Car Inspector comes on duty, he picks up a list of empty cars
at the yard office including those empty cars ordered for various loadings by
industries in and about Kansas City. He alone takes this list into the yard,
locates suitable cars to fill the orders, cards these cars both for commodity
and for movement, cards cars not required to fill orders for commodity only,
marks up his list accordingly and returns the list to the yard office.
First. The rule in question here is a general scope rule (SBA No. 194 Award 5)
which contains no specific description of work that would cover carding equipment
for movement. Such being the case the meaning and scope of the rule must be
determined by the traditional and customary practices of the parties with respect
to the performance of work on the positions involved.
Under the established practice of the parties carding equipment for
movement has never been the exclusive work of clerks at Kansas City. Carding
equipment for movement to a particular industry may involve the selection of
particular equipment within the same commodity classification in order to satisfy
the particular customer; and the practice appears to be based to some extent upon
the proposition that such a selection calls for a Car Inspector?s skill..
2
Award No. 13
Case No. 183
Second. The claim embraces smiting movement cards and making records of cars
carded as well as carding the cars for movement.
On familiar principles the writing of movement cards and the entries
which the Car Inspectors make on their lists (Carrierfs 3x Parts Submission
Exhibit No. A Page 1) must be considered as minor clerical work incidental to
carding the cars for movement.
A 11 A R D
Claim denied.
/s/ Hubert ITyckoff
Chairman I dissent.
L
l
T. P. Deaton
Isl
F. H. Wright
Carrier Member Employe Member
Dated at St. Louis, Missouri August 1 195.
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