NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19799
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Boston and Maine Corporation
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7100)
that:
1. The Carrier violated the Rules Agreement effective September 1,
1952 as amended and the National Agreement dated February 25, 1971, when on
April 12, 1971 it abolished Clerk-Cashier position at North Adams, Mass. and
assigned all of the work to the Agent, an employe outside the Class and Craft
of the Agreement. Further violation occurred when on May 1, 1971 they reassigned the preparation of
charges, rating and routing and other related functions to clerical employees
in another seniority district.
2. Carrier shall now be required to pay Donald 0. Belleau, Clerk,
North Adams, Mass., for all wage losses, including subsequent fringe benefits,
insurance premium payments, vacation credits, holidays and interest compounded
at 6% continuous from April 12, 1971 to such time, when all work is restored
to the Clerical Class and Craft within its original seniority district, subject to compliance with p
OPINION OF BOARD: There is in existence on this property an Agreement known as
Decision CL-46 which became effective on March 23, 1959.
Article I of that Agreement revised Rule I of the General Rules Agreement and
provides in pertinent part as follows:
"(f) When a position covered by this agreement is abolished,
the work previously assigned to such position which remains
to be performed will be assigned in accordance with the following:
(1) To another position or other positions covered by this
agreement when such other position or other positions remain
in existence, at the location where the work of the abolished
position is to be performed.
(2) In the event no position under this agreement exists at
the location where the work of the abolished position or positions is to be performed, then it may b
Ticket Agent, or Ticket Seller, or by a Yardmaster, Foreman,
Award Number 20069 Page 2
Docket Number CL-19799
" or other supervisory employe, provided that less than four
hours' work per day of the abolished position or positions
remains to be performed; and further provided that such work
is incident to the duties of such Agent, Ticket Agent, Ticket
Seller, Yardmaster, Foreman, or other supervisory employe.
(3) Work incident to and directly attached to the primary
duties of another class or craft such as preparation of time
cards, rendering statements, or reports in connection with the
performance of duty, tickets collected, cars carried in trains,
and cars inspected or duties of a similar character, may be
performed by employes of such other craft or class.
(4) Performance of work by employees other than those
covered by this agreement in accordance with paragraphs
(2) and (3) of this Rule 1 (f) will not constitute a vio-
lation of any provisions of this agreement." (Emphasis supplied.)
A joint check of the records on the property failed to prove a violation
of the Agreement as alleged in the claim. Organization failed to satisfy its
burden of proof. Consequently, Section (f) (4) of Decision CL-46, supra, is
dispositive of the issue raised by the Claim. We, therefore, will dismiss
the claim for lack of proof.
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
The claim fails for lack of proof.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Ghird Division
ATTEST:
Exectutive Secretary
Dated at Chicago, Illinois, this 14th day of December 1973.