Docket CL-11217
Award No. 12
SPECIAL BOARD OF ADJUSTMIT ND. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Etnployes
and
THE PENNSYLVANIA RAILPOAD COMPANY
STATEMrNT OF CLAIM:
System Docket 275 - Lake Region Case 25451 - "Claim of the System
Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1, 1942,
except as amended, particularly the Scope Rule, when it required and permitted Victor Letzel, an employe of the Pennsylvania Truck Lines, Inc., to
truck freight to and from motor trucks and trailers at the Freight Station,
Akron, Ohio, Lake Region.
(b) The Claimant, Karl Mtner, should be allowed eight hours
pay
a
day, as a penalty, retroactive ninety days from October 23, 1957, to July
23, 1957, and continuing until the violation is corrected.
(c) That any amount due the Claimant shall be determined by a joint
check of the Carriers records by representatives of the Carrier and the
Brotherhood."
FINDINGS
Here the Organization argues the principal issue "does not involve
the trucking of freight by the drivers of Pennsylvania Truck Lines, Inc.,
and their helpers, but does involve the trucking of freight by a platform
employee of the Truck Lines who is stationed on the platform as a Dispatcher,
but who actually devotes a considerable portion of his time, each day, to
trucking freight fromthe zones to the tailgates, and to and from the zones,
trucks and trailers."
W®
are again concerned with Decision No. 209, as we were in Docket 11216.
That decision held, in part:
"The hearing disclosed that the secondary movement of the freight is
performed not only by the drivers and helpers
who
operate the trucks but
by some seven to ten employees of Pennsylvania Truck Line, Inc.,
who
are
stationed upon the platform. The work of these employees is in no material respect different from the work of railroad freight truckers. Their
tasks are performed upon th+remises of the Carrier. The movement of
freight by the driver and helpers is merely incidental to their major task
of loading their trucks and getting started upon their deliveries. The
S4
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3'14
Award No. 12
platform employees however are performing work on railroad premises which
is not incidental to some major task. Their replacement by members of the
Brotherhood would not result in any uneconomical duplication of effort nor
compel one set of employees to stand idly by awaiting the completion of
the task by another group of workers. In short, the reasons supporting
the conclusion with respect to drivers and helpers do not apply to the
work of these employees. If the meaning of the term tfreight truckers
is not to be distorted, it must include trucking operations by such platform emoloyees. x x x It follows therefore that x x x the claims
concerning the work of the trucking company platform employees must be
allowed." (Emphasis supplied)
The Joint Statement of Agreed Upon Facts states that "Victor Letzel,
Dispatcher, employed by the Pennsylvania Truck Lines, is used to assist his
truck drivers to move freight assigned zone to tailgate of truck."
His action in helping his truck drivers to move freight is not his
primary task as a dispatcher.
Further, Decision 209 held, in effect, that trucking company employees
may perform work in moving freight from the zones to the tailgate and thence
to the trucks. This is a type of work and an area in which Clerks do not have
any exclusive jurisdiction, hence a denial award is in order here.
AWARD:
Claim denied.
Signed this 12th day of December, 1961
/s/ Edward A. Lynch
E. A. Iynch, Cha rman
/s/ A. F. hylas
Isl
A. B. Seward
A. E. Myles,, Carrier Member A. B. Seward, Employe Memo