NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Paul C. Dugan, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-6066) that:
(a) Carrier violated the Agreement at Atlanta, Georgia, when it
permitted Supervisory employes H. H. Dorsey, J. W. Crumpler, J. T.
Cahoon, and three so-called "supervisory trainees" to perform scheduled clerical work in the Computer Center.
(b) Claimants R. A. Nash, C. W. Sweatmon, and P. H. Browning
shall be compensated at the proper rate of time and one-half of their
respective rates beginning sixty (60) days prior to June 15, 1964,
date of claim, and continuing until violation of Agreement rules
ceases.
EMPLOYES' STATEMENT OF FACTS:
This dispute is between the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes as the representative of the Class or Craft of employes in
which the claimants in this case hold positions and the Southern Railway
Company.
Under date of May 8, 1964, Mr. R. A. Nash, Clerk in the Computer Center,
Atlanta, Georgia, addressed a letter to Division Chairman Mr. W. M. Flynn
requesting that a claim be filed in his behalf at the proper rate of time and
one-half dating back sixty (60) days from date that claim was filed, Employes'
Exhibit A.
Division Chairman Mr. W. M. Flynn filed the initial claim in this case on
June 15, 1964, in behalf of Messrs. C. W. Sweatmon, R. A. Nash, and P. H.
Browning, Employes' Exhibit B, and stated:
"Claim is filed for and in behalf of C. W. Sweatmon, R. N. Nash,
and P. H. Browning, employes of the Computer Center, Atlanta,
Georgia, for eight (8) hours' pay at the proper time and one-half rate
(b) Machine Operators, all as hereinafter defined iv
Rule 2..
DEFINITION OF EACH GROUP OF EMPLOYES
AS COVERED BY RESPECTIVE SECTIONS
OF SCOPE RULES
(a) (Revised, effective October 1, 1938.) Clerical Workers. Employes who regularly devote not less than four (4) hours per day to
the writing and calculating incident to keeping records and accounts,
rendition of bills, reports and statements, handling of correspondence
and similar work, including Depot Ticket Agents and Depot Baggage
Agents.
(b) (Revised, effective October 1, 1938.) Machine Operators.
Employes who regularly devote not less than four (4) hours per day to
the operation of office or station mechanical equipment requiring
special skill and training-such as typewriters, calculating machines,
bookkeeping machines, dictaphones and other similar equipment, not
including those specified under paragraph (d) of this rule.
* * * * *_
"RULE 3. EFFECTIVE DATE
(Revised, effective October 1, 1938.)
This agreement becomes effective October 1, 1938, and supersedes
and cancels all former agreements but does not, unless rules are
specifically changed, alter practices or working conditions established
by or under former agreements."
OPINION OF BOARD:
This claim arises out of the Organization's contention that supervisory employes and supervisory trainees in Carrier's Computer Center performed the work of compiling a list of errors made on Terminal
Electric Typewriters connected to receivers in said Computer Center and telephoning the various yards with instructions as to correcting said errors, which
work Petitioners claim, is exclusively Clerk's work under the Scope Rule of
the Agreement.
Carrier's position is the Clerks' Agreement was not violated inasmuch as.
work involved herein is not clerical work, but was analytical work for the
purpose of originating new instructions for the operation of new data processing equipment which was to be installed by Carrier at a later date.
A close examination of the record shows that Petitioners failed to meet.
their burden of proving by probative evidence that Carrier's supervisory
trainees were performing work normally and regularly performed and belong-
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ing to Clerks. This Board has held on numerous occasions that mere assertions
.cannot be accepted as proof. Therefore, we must deny these claims.
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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of June 1968.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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