NATIONAL RAILROAD ADJUSTMENT BOARD CHICAGO, ILLINOIS AWARDS 9461 to 9540 THIRD DIVISION INTERPRETATION (Serial No. 185) VOLUME 91 CHAMPLIN-SHEALY COMPANY 100 N. LaSalle Street Chicago 2, Illinois 365 Printed in U. S. A. Docket No. CL-8186 NATIONAL RAILROAD ADJUSTMENT BOARD THIRD DIVISION Thomas C. Begley, Referee PARTIES TO DISPUTE: BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES WABASH RAILROAD COMPANY STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that: 1. Carrier violated the Clerks' Agreement when at the end of the daily assignment of Monday, July 5, 1954, Carrier abolished clerical position of Local Storekeeper at Hannibal, Missouri, and transferred duties of Local Storekeeper, a seven (7) day position with basic daily rate of $15.32, to employes at Hannibal not covered by the Schedule for Clerks. 2. Position of Local Storekeeper, basic rate $15.32 per day as of July 5, 1954, be re-established by bulletin notice with such wage adjustments as may be made subsequent to July 5, 1954 and C. C. Craver, the regular incumbent of the position as of July 5, 1954, be restored to the position by reason of paragraph (f) of Rule 1, Schedule for Clerks. 3. Clerk C. C. Craver, regular incumbent of the position of Local Storekeeper, C. A. Jurgens, relief Storekeeper and other clerical employes affected and suffering monetary loss subsequent to July 5, 1954 by reason of the alleged abolishment of duties and arbitrary transfer of duties to employes outside the scope of the Schedule for Clerks, shall be compensated for such loss. EMPLOYES' STATEMENT OF FACTS: Hannibal, Missouri, is a terminal for the Wabash Railroad between Moberly, Missouri and Decatur, Illinois and is a part of the Decatur Division. The clerical position of Local Storekeeper was a seven (7) day position with basic rate of $15.32 per day. The occupant of the position, C. C. Craver, on July 5, 1954, date of the alleged abolishment, has a clerical service date on the Decatur Division clerical roster of June 13, 1917. Clerk Craver had been the regular assigned occupant of the position for some twenty odd years, having held the position for some time previous to 1934. With the effective date of the work week of forty (40) hours, September 1, 1949, the assigned work week of Clerk Craver was Wednesday through Sunday, rest days Monday and Tuesday. Effective September 1, 1949, Clerk C. A. Jurgens was assigned as relief Storekeeper on Monday and Tuesday, with three other days as Yard Clerk, providing him with an assigned work week of forty hours. Previous to September 1, 1949, the position of Local Storekeeper was filled by C. C. Craver seven (7) days per week, being compensated at straight time rate for eight hours on Sunday, with punitive time being paid for seven legal holidays listed under the Sunday and Holiday Work Rule of the Schedule for Clerks, in effect at that time. Under date of June 23, 1954, General Storekeeper C. L. Wakeman issued the following bulletin notice: "Jun 23 "Effective with close of business, Wednesday, June 30th, Position number 1-A, Storekeeper at Hannibal, Missouri will be abolished. C. L. Wakeman, Decatur, Illinois, June 23, 1954." The above notice was protested as not conforming with the rules of the Schedule for Clerks and a subsequent notice was issued which extended the date of the alleged abolishment and showing the information required on such notices. This notice is reproduced below: "CORRECTED BULLETIN" Office of General Storekeeper Decatur, Illinois, June 30, 1954. All Clerical Employes, Decatur Division. Effective with completion of assignment Monday, July 5, 1954, Notice of the alleged abolishment of the position of Engine Crew Caller to which was assigned two days as relief Storekeeper, was issued by W. G. Rieck, Master Mechanic and made no reference to Storekeeper assignment. This notice is as follows: "BULLETIN" Decatur, Ill., June 24, 1954 Effective with close of business, Wednesday, June 30th, 1954, Posi- W. G. Rieck Master Mechanic" Protest was filed relative to this notice not being in keeping with the rules of the Schedule for Clerks, Rule 20. Date of the alleged abolishment of the duties was extended to conform with Storekeepers position, however, no corrected notice was issued. POSITION OF EMPLOYES: There is in evidence an agreement between the parties bearing the effective date of May 1, 1953 containing the rules which we are quoting in whole or in part: Rule 1. (1) CLERKS DEFINED Employes who regularly devote not less than three (3) hours per day to the performance of clerical work, irrespective of where on in what department employed, including checkers, ticket clerks, station baggagemen, switchboard operators foremen of freight houses and supply departments. This definition shall not be construed to define as clerks the following employes who are included in this Schedule. (2) Employes engaged in assorting tickets or waybills, etc., nor to employes operating appliances or machines, for perforating and addressing envelopes, numbering claims and other papers, adjusting dictaphone cylinders, nor employes gathering or delivering mail of other similar work not requiring clerical ability. (3) Other station employes not included above, including train and engine crew callers, baggage room employes, office boys, messengers, warehouse watchmen, janitors, chore boys and other employes doing similar work." Rule 1. · paragraph (f) (in part). (f) The seniority conditions of this Schedule will not be applied in filling the following positions, and employes occupying such positions shall not be displaced by senior employes whose positions are abolished. Stores Department: Local Storekeepers (Except Local Storekeeper Rule 3 Basis of Pay. - |