Docket CL-11543
Award No. 34
SPECIAL BOARD OF ADJUSTiiENT tv2. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station F~mloyes
and
THE °ENNSYLVANIA RAILROAD rA_4PANY
STAT·VT OF CLAIM:
System Docket No. 371 - Southwestern Re ion Case No. 27-58 - "Claim
of the System mmittee of the therhood that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly the Scope 'tile, when it transported two M. of E. Enployes, fifty feet of fire hose, and tools, in
taxicabs owned and operated by the Red Cab Company, from Hawthorne
Ehginehouse to Eagle Coal Dock, Indianapolis, Indiana, Southwestern Region, to water steam generators on the diesel units to
Trains No. 94 and 95, on January 1, 2, 3, 4,
5, 6,
7, 8 and 9, 1958.
(b) The Claimant, H. C. Perry.. a Group 2 employe at Hawthorne
Mginehouse, should be allowed eight hours' pay a day, as a penalty
for each of these nine days. (Docket 371)"
FINDINGS
The basic part of Carriers defense is that the Scone Rule of the
Clerks' Agreement "x x x does not, either directly or by implication, ascribe
the specific work of transporting men and materials to Group 2 chauffeurs."
This is a correct statement, and the 'bard has already denied claims
on the ground that the particular work or service involved did not accrue to
Clerks to the exclusion of all other crafts or classes of employees.
Here, however, we do not have a dispute between the parties because
Carrier assigned the work to, let us say, the Trainmen, or Maintenance of Way
Enployes, or Signalmen.
Here the Carrier assigned the task of transporting 2 M. of E. Department
Enployes, with 50 feet of'hose and handtools from Hawthorne Enginehouse to
v'agle Creek Coal Dock where they put water in the steam generators of Trains
94 and 95 to the Red Cab Taxi Company.
This was not just a "one and done" trip; nor was it an emergency.
It was done on January 1, 2, 3, 4, 5,
6j 7,
8-and 9, 1958, when Claimant,
a Group 2 Ibtor Truck Operator, was available.
This claim will be sustained.
SeA 3-iq
Award No.
34
1UARD:
Claim sustained, with priviso Claimant be paid what Carrier would
have been required to pay him had it used him at the times and on the dates
in question.
Signed thia 12th day of Decemberl, 1961.
/s/ Edward A. Lynch
E. A. Lynch, Chairman
/s/ A. E. ifvles /s/ A. B. Seward
A. E. Yyles. Carrier .ember A. B. Seward, Employe Member
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