ORG. FILE K-36-5 AWARD N0. 20
CARRIER FILE D-2716 CASE N0. 20
NRAB FILE CL-9"2
SPECIAL BOARD OF ADJUSTMENT NO. 194
PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
T'0
DISPUTE St. Louis-San Francisco Railway Company
STATMIENT OF CLAIM: C1
aim
of the System Committee of the Brotherhood
that:
1, The Carrier violated the terms of the currently effective
Agreement between the parties when on February 5, 1956 it reduced the motoroperator janitor position from a seven-day position to a five-day position,,
abolished the relief position which relieved the motor operator-janitor on his
rest days, and assigned the work thereof to Group 1 yard clerks,
2. The senior extra Group 3 employe now be paid a days pro
rata pay at the rate of the motor operator-janitors position for Saturday, February
11th, Sunday, February 12th, and each Saturday and Sunday thereafter until
corrected.
FINDINGS: 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.
This claim presents the question whether the Agreement prevents
the Carrier from assigning the work of loading and unloading mail and baggage to
Yard Clerks on the rest days of a Group 3 Motor Operator-Janitor position.
The work in question was part of the assignment of a regular
relief Group 3 position which relieved a Motor Operator-Janitor position (3:00 P, M.
to 11:00 P. M.) prior to the date of claim,
The Carrier reduced the Motor Operator-Janitor position to a
five day position, abolished the relief position, and assigned the rest day work
of the position to Yard Clerks employed in Group 1.
The rest day work in question included the operation of a fork-lift
in the handling of mail and baggage from a train due 8:45 P. T'1. The train stands
at the station 20 minutes; and it takes about 10 minutes to take the mail from
the Post Office mail truck and another 10 minutes to work the train.
a'
AWARD N0.
20
It is established by the record that the work in question was part
of the regular assignment of the Motor Operator-Janitor position during the
work week; and that prior to the abolishment of the relief position, the rest day
work had always been assigned to Group
3
positions. Award
4827
and SBA No.
194
Award
9
therefore have no application here,
First. We held in SBA No.
194
Award
19
that., while in the absence of a rule to
the contrary] a Carrier may not assign work across group lines, this Agreement
does not prohibit such assignments.
The situation presented by this claim, however, has nothing to
do with group lines, since the claim is based upon specific rules of the Agreement
relating to rest day work; and these rules protect this work to this Claimant under
Rule
43
(g).
Second. Rule
43
(g) provides:
"Overtime
"Where work is required by the Carrier to be performed
on a day which is not a part of any assignment, it may be performed by an available extra or unassigned employe who will
otherwise not have
40
hours of work that week; in all other cases
by the regular employe.1t
Third. There is further the provision of Rule
48,
the last sentence of which provides that "employes regularly assigned to class of work for which overtime is
primarily necessary shall be given preference." The class of work here performed
on the rest days of this Group 3 position was the same on these rest days as on the
five days of the employers assignment. In connection with Rule
48
the Carrier
agreed in its file
3001-53
dated November
15, 1946
as follows:
"In connection with this subject you brought up Rule
48
and I
advised you that time worked on Sundays and holidays would be
considered overtime and such overtime handled on basis provided for in Rule
48,
This, of course, not to apply to positions necessary to the continuous operation of the Railway where regular rest day
is assigned under Rule
50.x"
Fourth. Rule
44
(b) of the
1946
Agreement provides:
"Employes called to work on Sundays or assigned day off duty
in lieu thereof and specified holidays shall be allowed a minimum
of eight hours at time and one-half rate, except as otherwise
provided in Rule
50
(Sunday and Holiday Work).1t
The parties are in dispute over the provisions of this Rule (see SBA No.
194
Award
23)
and the dispute has been submitted to the Forty Hour Week Committee,
A W A R D
Item 1 of the claim sustained.
-2-
' AWARD N0. 20
Item 2 of the claim remanded for final disposition in accordance
with the decision of the Forty Hour Week Committee and this award.
/s/ Hubert Wyckoff
Chairman
/s/ T. P. Deaton /s/ F, H. Wright
Carrier Member 1hploye Member
Dated at St, Louis, Missouri August 6. 1958.