ATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-20332
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
( (formerly Transportation-Communication Division, BRAT)
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
munication Division, BRAT, on the Soo Line Railroad, TC
1. Carrier violated Rules 1, 2, 7, 8 and 30 of the Agreement between the parties when on August
Ashland, Wisconsin from Rule 7 and consolidated it with the First Trick operator position covering t
without agreement with the representatives of the employees, as provided in
Rule 8 of the Agreement.
2. Carrier shall now compensate the incumbent of the consolidated
positions at Ashland, Wisconsin, Mr. A. A. Utegaard or his successors, commencing on August 28, 1972
consolidated, plus 11.5c per hour for as long as the two (2) positions remain consolidated instead o
the Carrier. The highest rate being that of the Official position.
OPINION OF BOARD: The dispute herein involves the discontinuance of the
Official Agent's position at Ashland, Wisconsin and the
subsequent reclassification of the first trick Operator's position to Agent
Part 1 of the claim deals with the alleged "consolidation" of the
Official Agent's position with the First Trick Operator's position without
agreement of the Organization. It is evident that the Official Agent's position is a supervisory cla
Act and also not within the scope of the Agreement. The Carrier correctly
stated that it has the unilateral right to establish or abolish such positions
as well as to determine rates of pay and working conditions for such positions
without the participation of the Organization. Although many Organizations
in this industry provide for promotion to supervisory positions from seniority
rosters, as in Rule 7 (e) herein, such understandings do not place exempt
supervisory positions under the Agreement. In any event the Board has no
authority to consider issues with respect to Official positions.
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Award Number 20339 Page 2
Docket Number TE-20332
Part 2 of the claim deals with the rate .= pay for the position of Agent-Operator established at Ash
accepted that this Board has no jurisdiction over negotiable issues;
in particular the Board has no authority to establish a rate of pay.
The _stablishment of rates of pay must be determined through negotiation and if required through med
6 of the Railway Labor Act, as amended.
Based on the reasoning above, we are compelled to dismiss the
claim without consideration of the issues raised or the merits of the
dispute.
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 the Board does not have jurisdiction over this dispute.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive ecretary
Dated at Chicago, Illinois, this 31st day ofJuly, 1974.