Docket CL-11545
Award No. 36
SPECIAL BARD OF ADJUSTMENT N0.
374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
System Docket No.
280
- Northwestern Re~i.on Case No,
129 - "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
J. F. Lehman, a Telegraph Operator not covered by the Clerks' Rules
Agreement, to fill the vacation vacancy of Clerk C. R. Duff, in the
office of the Supervising Operator, Chicago, Illinois, Northwestern
Region.
(b) The Claimant, Clerk Walter S. Nedvar, should be allcwed
eight hours pay a day, as a penalty, for each day on which the
violation occurred during the period September 17, through October
53 1956.(Docket
280"
FINDINGS
:
The first four paragraphs cf the Joint Statement of Agreed Upon Facts
reveal these facts:
1. Carrier intended to use F. Schlater (regularly assigned lead
crew dispatcher) as vacation replacement for C. R. Duff, clerk to the
supervising operator.
2.
A few days before the start of Duff's vacation, Carrier learned
Schlater sonld not be availab3e'to fill.the'vacation vacancy.,:
3. Carrier was thus left without a qualified available clerical
employee to replace Duff. Efforts to obtain such an employee were not
successful.
4.
As a result, the work of Duff's position which could not be
suspended while he was on vacation -- the mark sensing of payrmll cards
for all the operators of the Northwestern Region -- was assigned to a
qualified Printer Operator, who is not under the Clerks' Agreement.
5. This work amounted to about three hours a day.
6. Vhen on September
28,
1956, this Carrier learned of this claim
against it, it
1
S0~31q
Award ho.
36
(a) offered Claimant the opportunity to fill the
vacancy;
(b) he declined the offero stating he was not
qualified to do the work;
.(c) Claimant did say there was an employee at the
Freight Station who was qualified to do the
work; whereupon
(d) the Carrier sought to get this employee to fill
the balance of Duff's vacation vacancy, but the
Freight Agent would not release him.
The above factsp agreed to by the Organization, require a denial
award.
Claim denied.
Signed this 12th day of December$ 1961.
/sl Edward A. Lynch
E. A. Lynch, Chairman
/s/ A. E. ?yles
/s/ A. B. Seward
A. E. Myles, Carrier Member 4. B. Syward~ Employe Member