C:\MYDOCU~1\SCHEDU~2\3-19913.htm

NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19913

THIRD DIVISION Docket Number CL-20019

Frederick R. Blackwell, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,

( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE:

(The Western Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7181)

that:

1. Carrier violated the rules of the Agreement when it unilaterally abolished Train Desk - Diesel Clerk Position No. 812 at Keddie, California and assigned the duties to Steno-Clerk, Division Engineer, Position No. 884. 2. Clerk T. F. Nally be allowed eight hours compensation for each day that Position 812 was abolished until re-established. OPINION OF BOARD: Claimant occupied the position of Train Desk-Diesel Clerk, 7 a.m. to 3 p.m., at Keddie, California, when it was abolished on June 17, 1971. The duties of t the Steno-Clerk position, the claimant displaced to the position of Train DeskDiesel Clerk, 3 p.m. t record, that claimant's reason for not displacing to the Steno-Clerk position was that he was not qualified for the position. Petitioner contends that the assignment of the Train Desk-Diesel Clerk duties to the Steno-Clerk position so changed the latter position that it became a new position under Rule 5 and should have been bulletined as such. Petitioner specifically claimant would have bid it in and, thus, Carrier's action has deprived claimant of the privilege of exercising his seniority rights to the position of his choice.

Rule 5 reads as follows:

RULE 5 - Title of Positions

Proper designation and classification of the duties and work assigned each position are necessary and shall be adhered to. The General Chairman shall be notified in writing of any substantial change in assigned duties.

Carrier denies that the Steno-Clerk position was changed and contends that Rule 5 is inapplicable because the work assigned to the Steno-Clerk position was "not unlike as the work assigned to the Trainmaster's Clerk, Portola."

Award Number 19913 Page 2

Docket Number CL-20019 Thus, we have a fact issue regarding the nature of the change in the assigned duties of the Steno-Clerk position by the addition thereto of the train desk duties. The only evidence of record bearing upon this issue is a three (3) page catalogue of train desk duties actually performed by the Steno-Clerk on July 8, 1971. Claimant compiled the catalogue, evidently from direct observations. The catalogue is quite detailed and describes duties performed in blocks of time as little as five minutes. However, analysis of the duties listed in the catalogue, mainly answering the phone, does not suggest that such duties ar that it became a new position and should have been bulletined as such. We also observe that the Steno-Clerk position, which Petitioner c6ntends should have been bulletined the very position which claimant's seniority entitled him to take by displacement upon the abolishme however, because he was not qualified for the Steno-Clerk position and, for the same reason- he could have been disqualified from the position had it beebulletined as a new pos claimant. In view of the foregoing we shall dismiss the claim. 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 Claim is dismissed. A W A R D Claim dismissed. NATIONAL RAILROAD ADJUSTMENT BOARD /V6 &414!5~ By Order of Third Division ATTEST: 44· Executive Secretary Dated at Chicago, Illinois, this 7th day of September 1973. NATIONAL RAILROAD ADJUSTMENT BOARD Award Number 19913 THIRD DIVISION Docket Number CL-20019 Frederick R. Blackwell, Referee (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: (The Western Pacific Railroad Company STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7181) that: 1. Carrier violated the rules of the Agreement when it unilaterally abolished Train Desk - Diesel Clerk Position No. 812 at Keddie, California and assigned the duties to Steno-Clerk, Division Engineer, Position No. 884. 2. Clerk T. F. Nally be allowed eight hours compensation for each day that Position 812 was abolished until re-established. OPINION OF BOARD: Claimant occupied the position of Train Desk-Diesel Clerk, 7 a.m. to 3 p.m., at Keddie, California, when it was abolished on June 17, 1971. The duties of the p the Steno-Clerk position, the claimant displaced to the position of Train DeskDiesel Clerk, 3 p.m. t record, that claimant's reason for not displacing to the Steno-Clerk position was that he was not qualified for the position. Petitioner contends that the assignment of the Train Desk-Diesel Clerk duties to the Steno-Clerk position so changed the latter position that it became a new position under Rule 5 and should have been bulletined as such. Petitioner specifically claimant would have bid it in and, thus, Carrier's action has deprived claimant of the privilege of exercising his seniority rights to the position of his choice. Rule 5 reads as follows: RULE 5 - Title of Positions Proper designation and classification of the duties and work assigned each position are necessary and shall be adhered to. The General Chairman shall be notified in writing of any substantial change in assigned duties. Carrier denies that the Steno-Clerk position was changed and contends that Rule 5 is inapplicable because the work assigned to the Steno-Clerk position was "not unlike as the work assigned to the Trainmaster's Clerk, Portola." Award Number 19913 Page 2 Docket Number CL-20019 Thus, we have a fact issue regarding the nature of the change in the assigned duties of the Steno-Clerk position by the addition thereto of the train desk duties. The only evidence of record bearing upon this issue is a three (3) page catalogue of train desk duties actually performed by the Steno-Clerk on July 8, 1971. Claimant compiled the catalogue, evidently from direct observations. The catalogue is quite detailed and describes duties performed in blocks of time as little as five minutes. However, analysis of the duties listed in the catalogue, mainly answering the phone, does not suggest that such duties ar must conclude,on the record before us, that the evidence is insufficient to establish that the StenoClerk positio that it became a new position and should have been bulletined as such. We also observe that the Steno-Clerk position, which Petitioner cbntends should have been bullet the very position which claimant's seniority entitled him to take by displacement upon the abolishme however, because he was not qualified for the Steno-Clerk position and, for the same reason' he could have been disqualified from the position had ib beebulletined as a new pos claimant. In view of the foregoing we shall dismiss the claim. 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 Claim is dismissed. A W A R D Claim dismissed. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division ATTEST: Executive Secretary Dated at Chicago, Illinois, this 7th day of September 1973.