THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY AND STEAMSHIP, CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
EMPLOYES' STATEMENT OF FACTS: This is a dispute between the' Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representatives of the Class or Craft of employes in which the claimant in this case holds position and the Southern Railway Company.
Mr. C. L. Stanfield is a clerk at Southern Railway's Inman Yard, Atlanta, Georgia, and is carried on the Southern Railway System, Eastern Lines, Atlanta Division, seniority roster with a seniority date of June 4, 1956.
Mr. L. B. Coursey, Superintendent of Terminals, Southern Railway Company, Inman Yard, Atlanta, Georgia, did on April 28, 1962, post Vacancy Bulletin No. 75 advertising a Yard Clerk-Typist position (Symbol C-5), the preponderating duties of which require, in part, that the applicant for the position "Operate Terminal and standard electric typewriters with speed and accuracy, . . ." A copy of Vacancy Bulletin No. 75 is attached as Employes' Exhibit A.
Mr. L. C. Stanfield was assigned by Assignment Bulletin 75-A to the Yard Clerk position advertised in Vacancy Bulletin number 75. A copy of the Assignment Bulletin is attached as Employes' Exhibit B.
OPINION OF BOARD: In November 1964, Carrier changed its system for feeding information from waybills into its computers at its Computer Center at Atlanta, Georgia. Before then yard clerks throughout the system prepared lists on electric typewriters which simultaneously and automatically were reproduced in Carrier's Computer Center and the resulting punched cards were used by clerks to feed limited car information into the computer. Beginning in November, 1964, the yard clerks throughout the system reverted to their previous method of preparing the lists, by pen, pencil or manual type. writer, and transmitted a picture of the waybill to the Computer Center by long distance Xerography (LDX); there, clerks (Data Processing Typists) using special electric typewriters, connected electronically and directly to the computer, copied the required Xeroxed information directly into the computer.
On November 10 and 25, 1964, Carrier issued and posted Vacancy Bulletins Nos. 1, 2, 3, 4, 5, and 6, advertising 36 new positions of Data Processing Clerk at the Computer Center. The closing time for receipt of applications on the November 10th bulletin was midnight, November 12th and of the November 25th bulletin, midnight, November 30th.
On November 12th the General Chairman wrote to Carrier complaining that the work involved in the 12 new positions, bulletined in Vacancy Bulletin No. 1, " . belongs to Yard employes and by rights should have been advertised to them." But it was not until January 19, 1965, that Claimant, a Yard Clerk, filed an application for one of the 36 positions. Carrier did not award any of the positions to Claimant.
On February 9, 1965, Brotherhood filed a claim alleging that Claimant had been improperly passed over for the bulletined positions in violation of Rules 9, 15 and 16. Carrier responded denying the claim; Carrier said that the involved work did not belong to the Yard Clerks who had previously operated the Terminal Typewriters, that the Claimant's application had been filed late, and that Brotherhood had not claimed that Claimant was qualified for the job.
The record shows that the work of the Yard Clerks still is to prepare the waybills and to transmit the information on them to the Computer Center; in preparing and transmitting the lists they now use other equipment than the Terminal Typewriters but they still do the work. However, punched cards are no longer made automatically at the Computer Center end; instead a new -operation has been introduced at the Computer Center: feeding data into the computer directly by copying it from the facsimile of the waybill on special electric typewriter connected directly to the computer. This is a change of method and did not result in the transfer of the Yard Clerk posi-
tion to the Computer Center. Thus, we find that Rule 9 is not involved in this case.
The record also shows that Claimant's application for the bulletined positions was filed too late to require consideration by Carrier.
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.