NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19090
Robert A. Franden, Referee
(Brotherhood of Railway, Airline 6 Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Duluth, Misuabe and Iron Range Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhhod (6926) that:
(1) The Carrier violated the effective Agreement, specifically Rule
1, Scope, and Rule 2, Definition of Clerical Workers, when work of Carrier employes
of this Craft and Class was performed by Supervisory employes of the Carrier.
(2) Claimant John L. Tronadal shall now be compensated for 8 hours'
pay at the rate of time and one-half for each date November 24, 25, and 27, and
December 9, 1969; Claimant L. L. Mattson for 8 hours' pay at the rate of time
and one-half for each date November 24, 26 and 27, 1969; and Claimant J. W. Hedin
for 8 hours' pay at the rate of time and one-half for each date November 25 and
26, 1969.
OPTNION OF BOARD: This claim is based on an alleged violation by Carrier in
permitting supervisory personnel to perform Clerk's work at
the Carrier's ore dock office at Duluth, Minnesota.
Claimants were holders of Input-output technicians positions. In
October and November of 1969, Carrier reduced substantially the number of InputOutput technician pos
24, 1969, supervisory personnel performed certain functions on the claim dates
that Claimants allege was routine clerk's work. They urge that the force reduction resulted in Claim
the Carrier to let supervisory personnel detect and handle input errors on the
1050 machine.
The Carrier responds that the work complained of was "in addition to
and not in lieu of the normal routine of the input-Output technicians duties".
During the handling on the property the Carrier responded in detail
to the Claimant's allegations. The record reveals a lengthy explanation of the
Carrier's actions. Specifically the Carrier's Superintendent stated that errors
iA
vessel shipment statenents in late November prompted the Carrier to send supervisory personnel to th
to re-establish valid current records and do comparison and analysis work co
determine the corrections necessary for current and prior shipments. The Superintendent further stat
overtime work to rmke the necessary corrections directed by supervisory personnel.
Award Number 19277 Page 2
Docket Number CL-19090
The record does not reflect that on the property the Claimants
put forth anything but a general allegation that the work performed by the
supervisory personnel was part of the regular clerical routine duties at the
Duluth ore docks. This is not' sufficient. It is incumbent upon the Claimants in order that they sus
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived bral hearing;
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 claim should be dismissed.
A W A R D
~ T
Claim
dismissed
for lack of proof.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of June 1972.