Docket CL-11216
Award No, 11
SPECIAL HOARD OF ADJUST'a1T N0. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station anployes
and
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT O F CLAIM:
System Docket 23l - Buckeye Region Case C-43 - "Claim of the System
Committeehe Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective .May 1, 1942,
except as amended, particularly the Scope Rule and Zule 4-A-1 (i), when
it required and permitted a ''. U. & D. Truck Driver to nerform duties at
the Freight Station, Newark, Ohio, Buckeye Region, on Saturday, April 28,
1956, that are regularly performed by the Tallyman five days a week,
Monday through Friday.
(b) The Claimant, R. 0. Leslie, should be allowed eight hours pay,
at the Tallyman's rate, for Saturday, April 28, 1956."
nINDINGS:
Carrier agrees the Tallyman position here involved is classed as a
Group 1 position because the preponderance of the duties of the job is
Group 1 work.
The bulletined primary duties are "check freight in and out of cars,
prepare CT-619, CT-185 and CT-856 reports.' In addition he nerforms Group 2
work of trucking freight.
What is involved in this claim is that a P.U. & D. truck driver,
acting as agent for Owens Corning Fiberglass Corporation, handled 13,000
lbs. of freight from the Comoany's plant via his truck to the Newark, Ohio,
freight station at various times during Saturday, April 28, 1956 and deposited same on the Freight House platform in the vicinity of No. 2 and 3
doors.
The day in question was Claimants rest day. Organization claims
the truck driver performed duties "normally attaching to Tallyman Leslie's
position at the Newark Freight Station", that Claimant Leslie was available
and should have been called for this work.
The Organization relies mainly on Rule 4-A-1 (i), and the Scope
Rule.
S©R 374
Award No. 11
Zde have examined the argument and citations of the parties here and
will follow Decision No. 209 of the Clerical and Miscellaneous Forcest Board
of Adjustment which held, in part:
"The established practice of the Carrier has been for railroad employees to unload railroad cars and truck the freight to the proper location in the freight house. Since the inauguration of the nick-up and
delivery ser'vlce, the employees of the trucking company have moved the
freight from the freight house to the tailboard and thence on to the
vehicles."
Decision 209 held "that the claim of the Brotherhood concerning the
incidental work of drivers and helpers of Pennsylvania Trucking Lines, Inc.,
in moving the freight from the platform to tailboard must be rejected. x x x."
That is what is involved in this claim. In the light of that decision
the work involved here is not, as Organization claims, work "The Claimant
normally performs throughout his work week" and this claim must be denied.
AWARD:
Claim denied.
Signed this 12th day of December 1961.
/sl Edward A. Lynch
F. A. Lynch, Chairman
Is/
A. E. Yyles /s/ A. B. Seward
A. E.
m(y
es, Carrier . er A. B. Seward, Dnploye Member