NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21114
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and Station
( Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7759) that:
(1) Carrier violated the Agreement between the parties
November 4, 11, 22, 23, 25, December 2, 6, 9, 16 and 23, 1973, when
it permitted or required train service employees to perform duties
which for many years by custom, practice and tradition have been performed by Agent and Clerk-Operat
(2) Carrier shall be required to compensate Clerk-Operator J. T.
Meares a
two (2) hour call November 4, 11, 23, 25, December
2, 6, 9, 16 and 23, 1973, and a three (3) hour call November 22, 1973,
at time and one-half the pro rata rate for the violation aforesaid.
OPINION OF BOARD: Aberdeen, North Carolina is an interchange point
between the Seaboard Coast Line and the Aberdeen
and Rockfish Railroad Company. When cars were interchanged at a tuna
when Claimant was not on duty she was called so that she could stamp
the waybills and deliver them to the A & R by placing them in the des
ignated box or slot and complete the required interchange report.
Carrier wished to avoid what it considered excessive calls at Aber
deen and instituted a procedure there which was in effect at other
points on the road.
Instead of having Claimant called in to stamp the waybills
it had them stamped by BRAC employees at other points. The conductor
delivered them to the A & R by placing them in the designated slot.
Then when Claimant returned to duty she completed the interchange report and delivered it to the A &
work of significance and the only change in Claimant's duties with respect to it is the time at whic
regularly assigned hours instead of being called in to complete it. No
violation of the Agreement exists, nor has one been alleged, because
of that change in Claimant's assignment. Two other changes have taken
place. BRAC employees at other locations stamp the waybills. Aside
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Docket Number CL-21114
from the fact that there is no significant work or time involved, the
task is performed by covered employees. The key point, however, is the
fact that the claim was filed because of work performed by train service employees and the stamping
in the place at which the stamp is applied under the given facts and
circumstances. A more serious question is raised by the assignment of
the conductor to deliver the waybills to the A & R. Here the work involved is both incidental an
which the record shows is performed by conductors at other points on
the road. Based on the above considerations, the Board finds that Carrier did not violate the Agreem
that Claimant uses the Seaboard Coast Line copies of the documents to
complete the interchange report and that she still delivers it to the
A & R.
The change is procedural rather than substantive. No covered work has been removed.from employee
Claimant still performs the actual interchange work. The claim is for
work
performed by
train service employees and the record shows that
the only work performed by them was placing the waybills in the A & R's
mail slot instead of leaving them at the Seaboard Coast Line office.
Based on the considerations discussed above, the claim is 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
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 Carrier did not violate the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1976.