ORG. FILE 8-47
CARRIER FILE D-2406 AWARD N0. 26
NRAB FILE CL-8841 CASE N0. 26
SPECIAL BOARD OF ADJUSTMENT N0. 194
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 the terms of the currently effective Agreement
between the parties covering hours of service and working conditions of employes
when on April 22 and April 25, 1955, employes in the 7th Street Station office at
St. Louis, Missouri, were required to suspend work on their regularly assigned
positions to absorb overtime which would have been required in the Lindenwood office
of the Carrier. .
(2) Wm. Lovata, W. T. Lawler,
tl.
Lutz, J. Edwards, N1. Slattery and
S. Wishyere now be paid additional allowance at the penalty rate for all time they
were required to suspend work on their regular positions on April 22 and April 25,
1955.
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.
Within the St. Louis Terminal there are two facilities, some six miles
apart, where waybills are made for the movement of outbound freight: Seventh
Street Station and Lindenwood Station.
The billing force at Lindenwood, consisting of a Chief Bill Clerk and
seven other Clerks, fell behind in its work and there had accumulated around 100
"weight and charges to follow waybills" which were awaiting the issuance of revenue
waybills at Lindenwood. This backlog had been in existence for about two months,
In order to handle this accumulation, the work of issuing the revenue
waybills was performed by Claimants at Seventh Street as follows:
Hours
Position April 22 April 25
Waybill Cler
°'8 4
k
Waybill Typist 3
Car Service Clerk 8
Open Item Clerk 3 4
Open Item Clerk 1 1/2
Switching R: Transfer Clerk 2 3
2 -1 2 11
Total Hours - 36-1/2
AWARD N0.
26
CASE N0.
26
First. The employes at both of these stations are in the same seniority district and
are carried on the same seniority roster. But as in Award
5640
(this property) the
specification of a particular facility in the bulletins, coupled with the customary
practice of assignment to one specific facility, leads to the conclusion that these
employes were not assigned to work at large throughout the Terminal (see Award
5315;
compare Award
4627).
Second. Whatever may have been the original purpose of Rule
47
(see Award
7167),
it has been held to cover the taking of an employe from his regular assignment and
using him on another position in the same seniority district, which results in
depriving the incumbent of the latter position of overtime work which would otherwise accrue (see awards cited in paragraph "Secondlf of Award
5640),
It is established by the record that this work would have been performed
on an overtime basis by the Clerks at Lindenwood, as it had been in practice, if
Claimants had not been required to suspend work on their own regular assignments
at Seventh Street in order to perform it,
Claims have been sustained under this Rule in favor of those who were
deprived of the work or in favor of those who improperly performed it,
Claim sustained at the pro rata rate,
/s/ Hubert Wyckoff
Chairman
I dissent,
~s T. P. Deaton /s/ F. H. Wright
Carrier Member Employe Member
Dated at St. Louis, Missouri June 22,
1959.
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