Docket No. CL-11132
Award No. 7
SPECIAL BOARD OF ADJUSTIMIT N0. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
The aennsylvania Railroad Company
STATOF 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 the Scope, by contracting the
making of concealed damage inspections of fre4,ht to employes of the
Railroad Perishable Inspection Agency, which work is the assigned duty
of clerical emoloyes at the Davenport Freight Station, Cleveland, Ohio,
Lake Region.
(b) Stanley Tuleta, Clerk, be raid a three hour call, as a
penalty, for each violation beginning April 19, 1957, and until the
violation is discontinued. (Docket 222)"
FINDINGS:
Part of the assigned duties of Claimants job was to "make concealed
damage inspection of freight shipments."
His claim arises because on April 17, 1959 this Carrier engaged the
Railroad Perishable Inspection Agency (RPIA) "to mace inspections of carload
damaged perishable freight.,,
The above constitute part of the Joint Statement of Agreed Upon Facts
here.
The Claimant in this case is Stanley Tuleta.
The joint statement also notes that
"Concealed damage inspections other than carload
inspections of perishable freight are also one
of the primary duties of cleric position,
Symbol F-53, Davenport Avenue Freight Station,
which is held by Clerk E. A. Krahn.11
Thus, Carriers position that Claimants assignment did not include
perishables, finds support in the parties' agreement, as quoted above.
The Organization cites, among others, Award 8236.
The Board sustained that claim because the Scope Rule there involved
used the phrase "positions or work." Carrier points out the agreement applicable here refers only to positions. No position has been abolished here.
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Award tdo.
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Carrier further states inspection of perishables has been handled by
the Railroad Perishable Inspection Agency since 1933.
This claim will be denied.
AWARD
Claim denied.
Signed this 12th day of December, ;961.
_ /s/ Bdward A. Lynch
T3.
A. Lynch, Chairman
/s/ A. . 42es /s/ q. B. Seward
A. E. My es, Gamier ?Member A. B. Seward, Employe 7e-MTe-r
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