NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-17638
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers and Station Employes
PARTIES TO DISPUTE:
(Georgia Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6448),
that:
1. The Carrier has violated and continues tc violate the Clerks'
Agreement, effective May 1, 1942, as amended, and the February 7, 1965 National
Agreement, particularly Articles III and VIII thereof, beginning on Monday,
May 8, 1967, when it abolished the position of Clerk, Thomson, Georgia Agency
and transferred the work thereof to employes who are not subject to the aforementioned agreements, a
2. The Carrier shall now be required to return the work of the
Clerks' position at Thomson, Georgia Agency as hereinafter specified to
employes within the scope of the said Clerks' Agreement, and
3. Clerk Z. B. Wilson, Clerk C. M. Reese at Camak, Georgia Agency,
the then occupant of the First Trick Clerk's position at Camak, Georgia, and/or
any and all other employes who have been adversely affected by the Carrier's
illegal action, shall be compensated in full for all salary, wage and other
losses sustained by him or them from the time he or they have been adversely
affected and continuing thereafter until the complained of violation has been
corrected, and that
4. The successor or successors in interest, if any, of the above
named and/or referred to employes shall be compensated in like manner, and
that
5. The records of the Carrier shall be checked jointly with the
General Chairman to determine the extent of salary, wage and/or other compensational losses due each
OPINION OF BOARD: The dispute herein originated with the abolishment by
Carrier of a clerical position at Thomson, Ga., and the
alleged transfer of work to employes not covered by the Clerks' Agreement.
The Petitioner relies primarily on the Scope Rule of the Agreement,
and also cites the February 7, 1965, Job Stabilization Agreement.
Award Number 19371 Page 2
Docket Number CL-17638
The Scope Rule is of the general type in that it does nit delineate
work. It is well settled that under such rule as this one, if the Petitioner is to prevail it must p
the work complained of is reserved to employes covered by the Agreement on a
system-wide basis. See Awards 12956 and 19187 involving the same parties.
In the record before us the Petitioner has not met the burden of proof required
of it. We will, therefore, deny the claim.
While the Petitioner cites the February 7, 1965 Job Stabilization
Agreement, if a dispute exists involving the interpretation and application
of that Agreement, the forum to resolve it is the Disputes Committee established
under that Agreement. See Awards 16552, 15696 and 14979.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral 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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of July 1972.