BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: On February 6, 1953, the position of Roundhouse Clerk was abolished and concurrent therewith a new position titled "Stenographer-Clerk" was established. Investigation developed that the duties performed by the newly created position were identical to the abolished position. The Carrier admits that between the date position was created and March 18, 1953, the incumbent performed no stenographic duties whatever; however, they contend that since March 13, 1953, he has been performing stenographic duties so as to warrant such classification, a contention which the Organization denies.
Bulletin No. 49 issued by Mr. J. E. Allen, Master Mechanic established position of Stenographer-Clerk in the office of Division Locomotive Foreman at Burnham at base rate of $12.31 per day (Employes' Exhibit No. 1). On
The facts in this dispute show conclusively that claim is not supported by the rules of the current Clerks' Agreement nor Awards of your Honorable Board. It should be denied in its entirety.
All data in support of Carrier's position have been submitted to Organization and made a part of this particular question in dispute The right to answer any data not previously submitted to Carrier by Organization is reserved by Carrier.
OPINION OF BOARD: It is here alleged that the Carrier improperly abolished the position of Roundhouse Clerk, establishing in its place and stead the position of Stenographer-Clerk, contrary to Rules 61 and 65, and adversely affecting Claimant N. A. Jackson, who occupied the abolished position of Roundhouse Clerk. Rules 61 and 65 read as follows:
The Organization takes the position that the duties of the position of Roundhouse Clerk had neither diminished nor disappeared and that the duties of the newly created position were comparable or identical with those of the abolished position. It was asserted that any work requiring a Stenographer (use of a typewriter for instance) could continue to be assigned, as in the past, to Stenographers in the Master Mechanic's office. 7184-12 1008
Respondent here points out that use of diesel locomotives required the creation of a stenographic position in the Locomotive Foreman's office, since the volume of stenographic work precluded the use, as in the past, of stenographers assigned to the Master Mechanic's office; and that the action here complained of resulted in neither a reduction of rate for the position nor an evasion of the application of the Rules cited.
It is unquestioned that a carrier has the right to determine the job content of a position as well as the qualifications required to fill a position. Likewise, within the limitations of the effective agreement, a carrier may change he method of performance of duties assigned to a position. The abolishment of the position of Roundhouse Clerk and the creation of the position of Stenographer-Clerk did not result in a reduction of pay.
The creation of the Stenographer-Clerk position merely had the effect of changing the method of performing certain duties but without the result of evading the application of the cited Rules. Likewise, there is no evidence of record indicating bad faith on the part of the respondent. (Awards 6091 and 6270).
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and