Docket CL-11220
Award No.
15
SPECIAL BOARD OF ADJUSTMENT N0. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers
-?Xpress and Station Rmployes
and
THE PENNSYLVANIA RAIINDAD COMPANY
STATEMENT OF CLAIM:
System Docket 364 - S. G. 0. Manager, Freight Claims Case
"Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Clerks' Rules Agreement, effective
May 1, 1942,except as amended, particularly Rule 4-C-1, and the National
Vacation Agreement, when it arbitrarily removed Clerk Thomas J. Devon,
Freight Claim Department, Philadelphia, Pennsylvania, from his regular
position and assigned him to fulfill the regular position of a vacationing clerk.
(b) Thomas J. Devon, Clerk, be compensated an additional day's
pay, at his regular rate, for each day from July 23, 1956,
o
July 27,
1956r inclusive.
FINDINGS:
Claimant occupies a Grade "A" position in the office of Manager,
Freight Claims, Philadelphia. The duties of his position require the
"investigation and settlement of Claims." Normally the Claimant is engaged
in the handling of "review" claims in the Merchandise Unit. In the period
from July 23, 1956 to July 27, 1956, the Claimant was assigned to Grade "A"
position handling "export and Import" claims, while the Incumbent of the
latter position was on vacation.
It is Carrier's position that there are two sections in his General
Merchandise Claims Department, viz., (1) Review Section and (2) Delayed
Claims Section; that the former handles claims which can be handled immediately while the second section handles "other claims". It states the
volume of claims is variable, and it is a common past practice to move men. from
one section to another.
Organization charges Carrier's action violated Rule 4-C-1 and the National
Vacation Agreement. Carrier, however, properly points out that the Organization expanded its claim after handling on the property to include the
charge that the National Vacation Agreement was violated.
Confining the claim to a violation of Rule 4-C-1 we fail to find
axV substantive proof. The two jobs worked the same hours. Carrier asserts
no overtime had been worked on either job in 6 years.
SO N .3ZLt
Award No-15
TATe participated in two 3rd Division Awards involving Rule 4-C-1.
They were Awards 7642 and 7783.
The Board stated in the latter.
"In the instant case we must hold that Carrier exercised its Management prerogatives in arranging its work to meet the service requirements
at this particular installation (Award 5331); that claimants worked the
assigned hours of their positions performing work within their craft or
class and were paid thehighest rate applicable (Award 7082); that
Organization has failed to prove that the 'accumulation of work' involved
could have been subsequently performed at overtime without injury to the
service carrier is required to maintain; that claimants here were not
'injured' (Award 7082, 7642); that Carriers action in assigning duties
to Claimants Mills and Der Tativasion on the shift in question was not
for the purpose of 'absorbing overtime' and that the Organization has
failed to prove that Carrier's action--was violative of the current
agreement."
AWARD:
Claim denied.
Signed this 12th day of December, 1961.
/s/ Edward A. Lynch
E. A. Lync Chairman
_ Is/
A. E. Wes /s/ A. B. Seward
A. E. My eCarrier Member A. B. Seward, 5nploye Member