NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-17072
Frederick R. Blackwell, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
Station Employee
PARTIES TO DISPUTE:
(Chicago, Burlington & Quincy Railroad Company
STATEMENT OF CLAM: Claim of the System Committee of the Brother
hood (GL-6227) that:
1. Carrier violated the Clerks' Agreement, particularly
Rule 1 - Scope, Rule
3 - Definition
of Clerks and Office Machine
Operators, Rule 43 - Absorbing Overtime, Rule 63 - Equipment and
Article III, Section 1, of the Mediation Agreement, Case 7128 of
February 7, 1965, when it required or permitted employes who do not
occupy positions coming within and under the craft and class of
clerical employes to perform clerical work at its East St. Louis,
Illinois Yard Office, beginning on February 21, 1966 and continuing
seven (7) days per week thereafter between the hours of 4:00 p.m. and
12:00 mn.
2. That ?·.r. R. E. Dollinger, occupant of Night Rate Clerk
position No. 1086, assigned 4:00 p.m. to 12:00 mn., and ,1r. W. R.
Goldschmidt, Relief Clerk thereto on Sunday and Monday and their
successors if any, be compensated for the work lost on each of their
work days two hours at punitive rate of Night Rate Clerk position
($4.3765 per hour) until the violation is corrected.
OPINION OF BOARD: The Claimants hold clerical positions at the Carrier's
East St. Louis Yard Office where, prior to February 21,
1966, the clerical force consisted of nine regular positions and three
r=lief positions. On November 15, 1965 the Carrier installed an
IBM
Printer in the office; on February 21, 1966, three additional I3·f
machines were installed. There was no telegrapher force at the yard
office prior to February 21, 1966, but, on or about that date, two
telegraphers were transferred to the yard office from a relay office
about three miles away.
'"he claim is that the Agreement was violated when, on or about
Febraary 21,
= 66,
t..= Carrier transferred certain clerical work that
had been performed '.·,y clerks at the yard office to the two telegraphers
to be _oerformed intermittently on the
T'M
equipment. Rule 1 (Scope),
Rule 3 (Definition of Clerks and Office Machine Operators), Rule 43
(Absorbing Overtime), and Rule
o3
(Equipment) are specifically cited
Award Number 20217 Page 2
Docket Number CL-17072
as having been violated by the alleged transfer of work. The Carrier's
position is that the installation of the IBM equipment and the assignment of telegraphers in the Eas
upon the work performed by the clerks at that location. The Carrier
specifically states in its Submission that: "Every time the dispute
was discussed on the property, the Carrier was very explicit in
pointing out that there was 'NO' work transferred across craft lines
to the telegraphers. In the first place the clerks continue to perform the same work, but with newer
this claim."
The Employes' basic allegation on the property was that
telegraphers had performed clerical work
consisting of
making interchange reports to connections, checking interchanges, and doing other
clerical work inside the East St. Louis Yard Office, beginning
February 21,
1966
and each day thereafter. The burden of adducing
probative evidence to support this allegation was of course upon the
Employes. However, the record is barren of the requisite evidence
and we can but conclude that the Employes have not met their evidenciary
burden. Mere repetition of the basic allegation does not convert it
into an established fact. Accordingly, we shall dismiss the claim.
In conclusion we note that the record of this dispute contains argument and counterargument on a gre
have been omitted from the foregoing discussion. The omitted issues
are not germane to our disposition of the case and, consequently, our
opinion has been confined to the narrow evidenciary ground on which
this Award is based.
FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction
over the dispute involved herein; and
The claim is dismissed.
Award Number 20217 Page 3
Docket Number CL-17072
A W A R D
Claim dismissed.
NATIONAL, RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTT:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1974.