'Direction Received: Works under the direct guidance of supervisor.
'1. Education: High school or equivalent. Restricted Radio-Telephone permit required.
'2. Experience: General knowledge of department functions, transportation equipment and general plant layout.'
29. There has been no change in these duties since the description and salary were negotiated in November.
30. Since June 1, 1956 Jane Graham has received requests from various departments for movement of materials; she has transmitted those requests to the drivers of the equipment; she has requested that they use one type of equipment rather than another, that they haul certain materials rather than other materials; she has informed them of the location of materials or equipment in various parts of the plant; she has used judgment in substituting equipment in the event of a breakdown.
31. All of the things Jane Graham has done since June 1, 1956 are comprehended in the job description of 'yard office clerk.'
32. Jane Graham has had no authority whatsoever to put her requests in the form of an order or directive. She cannot and could not require any person receiving the request to comply with it. The most she could do was report to the foreman, who had the authority to give and enforce orders.
33. Jane Graham stays in the yard office at all times. She works only on day shift, as does the foreman. She has no personal contact with drivers of the equipment, she does not operate jeeps, trucks, cranes or locomotives and need not know how. She ordinarily does not even se these operators.
34. The Employer has never designated Jane Graham to be a group leader, nor has it designated the radio-controlled equipment operators a group.
35. The Association and Federation concede that the Employer has the unilateral right to decide whether or not there shall be a group and whether or not there shall be a group leader.
36. The Federation attempted in 1957 contract negotiations to procure the right to participate in the selection of a group leader, and in the formation, division or discontinuance of groups, but did not succeed in its attempt.
37. The Federation in 1957 through negotiations attempted to have the restrictions on arbitration removed from the contract, but did not succeed in its attempt.
38. The term 'job classification' represented the end product of describing the duties of the job, assigning an appropriate job title, evaluating the elements of the job, and assigning a wage or salary rate. It is the combination of all these factors, no one of which in itself is a 'job classification.'
39. A job classification is customarily identified by the job title. The code number merely serves as a means by which the job title, job description, job evaluation and salary range may be discovered.
40. The job description of 'group leader' is contained in the contract, Section VI-C(1), and is as follows:
'A group leader is a non-supervisory employee who is a working member of a group, without disciplinary authority, who works under a minimum of supervision, who regularly leads, instructs and guides employes in the group, and who generally allocates the work.'
41. The salary of the group leader job is also set forth in the contract.
42. The job of 'group leader' never exists alone, but only in combination with other jobs, since the group leader by definition must be a working member of the group he leads. It is a status in addition to the other job, consisting of additional duties for which the group leader receives additional pay.
43. The job of group leader has a job description, a job title, its elements have been evaluated, and salary rates set according to the evaluation. It is a job classification to which employees are promoted.
44. Plaintiffs seek to have an arbitrator declare that by performing the agreed-upon duties of yard office clerk Jane Graham is necessarily a group leader; to direct that the Employer designate her a group leader, and to order the Employer to pay her an additional ten percent retroactive to June 1, 1956.
45. In order to grant the plaintiffs' request, an arbitrator would necessarily change the job classification of yard office clerk to that of yard office clerk group leader.
46. In order to grant the plaintiffs' request, an arbitrator would necessarily change the wage rate agreed upon by the parties for performance of the duties of yard office clerk.
47. In order to grant the plaintiffs' request, an arbitrator would necessarily add to, detract from or alter the terms of the contract by granting the Federation or Association the right to determine when there shall be a group leader, and to eliminate restrictions on arbitrability, both of which are contract changes that the Federation sought unsuccessfully to obtain through negotiation.
48. In order to grant the plaintiffs' request, an arbitrator would have to disregard the specific limitation of Section XV-A, D5 that he may not make any award retroactive for more than thirty days preceding filing of the grievance.
49. The claim is not bona fide, but seeks to increase the pay for work that was studied for six months before being assigned a rate agreed upon by Employer and Union.
Conclusions of Law
1. The Court has jurisdiction of this action.
2. Under the terms of the collective bargaining agreement and the applicable law, the Court and not the arbitrator is called upon to determine whether or not these disputed matters are arbitrable.
3. Under the terms of the collective bargaining agreement and under the law, the Jane Graham grievance is not arbitrable.
4. The complaint must be dismissed.
An appropriate order shall be submitted by counsel for the defendant on or before the 25th day of August, 1959, in accordance with the findings of fact and conclusions of law herein stated.
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