Docket No. CL-11123
Award ioi
6
SPECIAL BOARD OF ADJUST~QVT N0. 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 Rule 3-A-1 and Item 7 of Extra
List Agreement No. 6, at Hawthorne Yard, Indianapolis, Indiana, Southwestern Region, when it used regularly assigned clerk S. '4yeth, to
fill vacancies on the position of Clerk D. D. Crum on certain dates.
(b) The Claimant, C. M. Stoker, should be allowed eight hours
pay for July 30 and 31, August 1, 2, 3,
Lt,
6, 7, 8, 9, 10, 11, and
October 16, 17, 18, 19 and 23, 1956. (Docket 252)"
FINDINGS:
Here the parties are agreed that on two dates in July and ten dates
in August of 1956 D. D. Crum, "assigned as clerk in connection with the selection
of cars for commodity loading" was on leave of absence.
Crum, on 5 dates in October, filled a vacation vacancy on the job of
Lead Clerk R. F. Ball.. On those dates, Carrier assigned S. Wyeth to fill Crum's
job
C. M. Stocker, (Roster No. 180) temporarily assigned to position
B-24-G at Hawthorne Yard, Indianapolis, is claiming he should have filled Crum's
job instead of S. Wyeth (Roster No. 211).
It is Carriers contention that when Crum was assigned to the job in
question, the Organization protested in behalf (Docket 251) of Clerks Shumway
and Willard for Carrier's failure to bulletin the job it assigned to Crum,
Carrier replied that Crum held a "special duty
assignment (which)
supervised the selection of cars for commodity loading" which (position) "does
not come within the coverage of the Clerks' Agreement x x x."
However, because on certain dates Crum "performed certain work normally
performed by clerical employees," the Carrier offered to settle that claim by
allowing 3 how's daily for the period in question.
Carrier says the Organization accepted this offer of settlement.
S0A 314
Award No. 6
Having done soy we must conclude, in respect of this claim' the
Organization agreed Crum's job does not come within the coverage of the Clerks
Agreement. This claim will be denied.
AWARD:
Claim denied.
Signed this 12th day of December 1961.
s/ Edward , A~yn
h
Lynch,
s/ A. E. l$yles s/ A. R. Seward
A. E. Myles, a~rrier Member A. B. Seward., Employe Member