NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20247
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STAT T OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7314) that:
1. Carrier violated Rules 1 and 5 as well as other related
rules of the Clerks' Agreement, at Salem Street Office, commencing
September 14, 1971, when they unilaterally transferred work assigned
to a position covered by our rules agreement to an employe not
covered, and
2. Carrier be required to compensate Mr. E. E. Gould eight
(8) hours pay for September 14, 15, 29, and 30; October 14, 15, 29,
and 30; and four (4) hours September 16; October 1, 16, and 28; as
well as four (4) hours on November 1, 1971 and
3. Carrier be required to compensate Claimant Gould for
each day the violation continues and/or his successors as set forth
in Employes' Exhibit "A".
OPINION OF BOARD: The claim of the Petitioner is that Carrier "uni
laterally transferred work assigned to a position
covered by our rules agreement to an employe not covered."
It appears that the work complained of is work performed
by the Division Accountant, which position was established at LaFayette,
Indiana, shortly after the Monon Railroad was acquired by and became a
part of the Louisville and Nashville Railroad Company.
The Carrier contends that the Division Accountant at LaFayette
performs the same type of work performed by other Division Accountants,
primarily to check time returns and distribution for accuracy, and that
he reports directly to and is under the jurisdiction of the ManagerDisbursements Accounting. The Car
Accountant performs the work of the Chief Clerk, the claimant herein.
We have reviewed the entire record and find no proof whatsoever by the Petitioner that work cove
assertions do not constitute proof. The checking of records for accuracy
by officers and other non-agreement covered personnel is not a violation
of Agreements.
Award Number 20185 Page 2
Docket Number CL-20247
The Petitioner relies upon early Awards Nos. 1209 and 1210.
We have reviewed those awards and find that they cover entirely different situations where positions
actual transfer of work. In the present case no positions were abol-
ished and there is no probative evidence of a transfer of work. The
claim must be denied.
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
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 15th day of March
1974.
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