Zocket CL-11$79
Award No.
40
S°ECIAL HOARD OF ADJUSTM-:VT N0. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station 3aployes
and
TNT PENNSYLVANIA RkIIROAD COMPANY
STATEI>WIT OF CLAIM: System Docket Nc. 1417 - Pittsburgh Region Case No. 792 & 793
"Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly Rule 3-C-2, when it abolished
Rest Room Attendant positions Symbol Nos. :,E-6007, 6008, 6006 and
Relief Position No. 11, rate of pay $16-36 a day, and Janitor
positions Symbol Nos. EE-6005, 6002 and Relief Position No.
8,
rate
of pay $16-30 a day, all located at the a5iginehouse, Last Altoona,
Pennsylvania, Pittsburgh Region, effective March 2, 1958.
(b) The positions should be restored in order to terminate
these claims and that R. W. Miller,
W.
J. Brania,A.A. Wyland, G.F.
Troxell, D. Disabato, W.D. Calvert., F.C.Davis, and all other
employes affected by the abolishment of these positions should be
restored to their former status (including Vacations) and be
compensated for any monetary loss sustained by working at a
lesser rate of pay; be compensated for any loss sustained under
Rule l4-A-1 and Rule 4-C-1; be compensated in accordance with
Rule 4-A-2 (a) and (b) for work performed on Holidays, or for
Holiday pay lost, or on the rest days of their former positions;
be compensated in accordance with Rule 4-A-3 if their working
days were reduced below the guarantee provided in this rule; be
compensated in accordance with Rule 4-A-6 for all work performed
in between the tour of duty of their former positions; be reimbursed for all expenses sustained in accordance with Rule 4-G-1
(b); that the total monetary loss sustained, including expenses,
under this claim be ascertained jointly by the parties at time
of settlement. (Award 7287)(Docket
417)"
FINDINGS:
Carrier's original submission here contains the following statement
of fact:
"At various lccations on the Carrier's System so-called rest
house facilities have been available over the years for the optional
use of its engine and train service employes either at nominal expenses or at no expense to themselves. Such facilities were made
available, either entirely at the instance of Management or in -
cooperatIo n with the Engine and Train Service Organizations,
for a number of reasons,namely: (1) there were no decent facilities
S83 A 3-)4 -Awn %4o
in close proximity to the pcint where crews were required to report. (2)
the facilities that were available ?were unnecessarily expensive.
(3)
no facilities available at all in small outlying points; and
(4) as
was frequently the case during the war, the demand for such facilities
was greater than the supply. x x x Such facilities range from the socalled bunk rooms in enginehouse to special arrangements with hotels,
boarding houses, private residence, YMCAs or mo::orn rest house facilities operated by
non-railroad employees
or private companies. x x x The
service performed in connection therewith is performed by employes
of the Carrier not covered by the Clerks' Agreement, by clerical
employees on a part-time basis, by YMCA employees, and by individuals
or employees of private companies to whom a contract is let. x x x
Through the years the Carrier has, at its option, .-.
closed certain of its bunk-room facilities, cancelled verbal or formal
agreements with non-railroad employees or companies made similar
arrangements with other non-railroad employees or companies in lieu
thereof, arranged for the building of new facilities or arranged for
their complete or partial operation by non-railroad employes and
private companies through contract. x x"
It is abundently clear that the work involved in this claim has been
and is being, performed by many crafts and by non-railroad employees. It is
exclusive to none.
With reference to Carriers relationship to the Manor Realty Company,
we agree with Award
4945
(Edward
r.
Carter) that "the fact that the capital
stock of one might be owned by the other in no manner gives the one any
property rights in the other."
We also hold with that Award that the Scope Rule here provides that
"employees within (this) Agreement shall perform all such work that the Carrier'
has available. The maintenance work of the Ocean Steamship Company is available to the employees of the Carrier only to the extent that the Agreement between the Carrier and the Ocean Steamship Company provides. x x x"
In Award
7961
the Carrier there had the responsibility of maintaining
the building in question. Also the Carrier there involved had a return on its
investment in the form of rentals. Not so here.
We think Award
7784,
in addition to those already quoted, is applicable
here.
AWARD:
Claim denied.
Signed this 12th day of December,
1961.
1s/
Edward A. Lynch
'S. A. Lynch, Chairman
/s/ A. E. Myles /s/ A. A. BB. Sexard
E. Myles, Carrier Member A. Seward, &nploye Member
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