Docket Nc. C1-11021
Award Eo. 3
S ';:xIAL BOARD OF ADJUSL'IENT No. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes.
and
The Pennsylvania Railroad Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules
Agreement, effective
May 1,
1942, except as amended, particularly Rules 3-C-2 and 4-F-1, when
it improperly abolished a position of Foreman, Symbol F-313, at the
Freight Station, Toledo, Ohio, Lake Region, rest days Saturday and
Sunday, rate of pay $415.84 a month.
(b) The Claimant, C. B. Mills, the incumbent of Position F-313,
prior to the date it was abolished should be allowed eight hoursT pay
a day at the Foreman's rate of pay, as a result, for Pity 16, 1956,
and all subsequent dates until the violation is corrected. (Locket 160)"
FINDINGS:
The parties agree that the only difference between the bulletined
duties of the Foreman position, Symbol No. F-313 which was abolished May 15,
1956 and the bulletined duties of the new clerical position FM-25-F, created
and bulletined June 20, 1956, is that the responsibility to
"supervise the loading and unloading of freight on and
to platform and unloading and loading of freight into
and out of cars and any other duties requiring supervision",
which existed
in the Foreman position v As eliminated from the clerical position when bulletined June 20, 1956.
The Carrier states "all of the supervisory duties formerly performed
by the Claimant were discontinued, as the platform force had, since the
establishment of the Foreman's position, decreased to the point where only
one Tallyman, two regular Truckers and two extra Truckers remained."
The Organization asserts Carrier violated Rules 3-C-2 and 4-F-1,
We will deny that Rule 3-C-2 was violated for the reason no violation
is proved. Actually Organizations reply brief admits as much when it stated
"the clerical duties required the greater portion of the claimant's time, and
the same clerical duties as were performed by the incumbent of the Foremanfs
position were perfo-r-m-eFby the newly established clerical position."
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3'4
Docket No. CL-11021
Award No. 3
With respect to a violation of Rule 4-F-1, Organization says what
Carrier did was abolish the Foreman's position and immediately created a new
(clerical) position at the same location at a lower rate of pay; that the
two positions covered "relatively the same class of work.11
The duties of the Foreman's position were in two categories:
clerical and supervisory.
Carriers action in assigning the clerical duties to employes
covered by this agreement is not a violation thereof.
With respect to the supervisory duties of the Foreman position the
Carrier states that the freight tonnage handled at this station averaged
6,677 tons per month in 1946. In 1956, when the Foreman's position was
abolished it was averaging 892 tons per month.
In 1946, platform employes averaged 37 employes per month. On
May 15, 1956 the platform force consisted of one Tallyman, two regular
Truckers and two Extra Truckers.
Under these circumstances it is abundently clear that the need for
the Foreman's position no longer existed and in as much as the clerical
duties of that position were assigned to other clerks, we must find Carrier s
action did not violate the Agreement as charged.
AWARD
Claim denied.
Signed this 12th day of December 1961.
/s/ Edward A. Lynch
F. A. Lynch, Chairman
Isl
A. E. Myles
A. S.
1°1y
es, Carrier i em er
Is/
A. B. Seward
A. B. Seward, Employe
Member