PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 239
(Clerks? Board, St. Louis, Missouri)
PARTIES TO DISPUTE:
BROTHERHOCD OF RAILKAY AND STEAMSHIP CLERKS, FREIGHT HAILERS,
EXPRESS AND STATION EMPLOYES
ATCHISON UNION
DEPOT AI RAILROAD
COMPANY
STATEMENT OF
CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Clerks? Agreement when, on November 7, 1957,
Train Conductor Savage and Train Porter Coffee of Missouri Pacific Passenger
Train No. 105 were required to assist Baggage Clerk unload baggage from
Train No. 105, and on November 13, 1957, when Train Conductor 1NkDade of
Santa Fe Passenger Train No. 56 was required to assist Baggage Clerk unload
the baggage from Train No. 56 at Atchison, Kansas, Union Depot;
2. Carrier shall be required to pay claimant, relief Baggage Clerk L. J.
Scheid,for a ~7call,·7 2 hours at the punitive rate of 03.174375 per hour,
amount X6.35, for each date, November 7 1957, and November 13, 1957, total
of claims 012.70, account violation of pules 1, 2, 3, 5 and 25 of the
current Clerks? Agreement when those not covered by the scope and operation
of the Clerks? Agreement were required to perform the work covered by the
scope rule thereof.
OPINION OF
BOARD;
This dispute involves the application of the Agreement between the
parties with regard to performance of work claimed to be covered by the scope of
the Clerks? Agreement. Claimant here seeks to be paid for a 77ca11,2 on November 7
and 13, when the Train Conductor and Train Porter assisted the Baggage Clerk on
duty to unload a corpse from their train on each date.
Claimant performed no work on a 'trca11" basis. This, then, is a claim
for constructive service. That is to say, there must be proof that claimant
should have been called and used for work on his position that was performed by
others in his absence.
It being shown that a Baggage Clerk was on duty to receive and take
charge of the remains from the baggage car, it was not a violation of the Agreement account train crew, which is concerned in all work that will expedite the
movement of its train over the line of the road, assisting enroute with the
head-end-work of unloading the baggage car under facts and circimmstances here
of record.
Award No. 11
The Board, after oral hearing, and upon the record and all the evidence,
finds and holds:
That the Carrier and Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as amended;
That jurisdiction over the dispute involved herein has been conferred
upon this Board by special agreement,°, and,
That the Agreement by and between the parties to this dispute has not
been violated.
Claim denied by order of:
SPECIAL
BOARD OF ADJUSTMENT N0. 239
/s/ A. Lanelev Coffey
A. Langley Coffey, Chairman
/s/ F. E. Griese
F. E. Griese, Employer Member
/s/ Ira
F.
Thomas
Ira
F.
Thomas, Employe Member
Dated at St. Louis, Missouri,
this 30th day of June, 1959.
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