RATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISICHP Docket Number CL-20793
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7596) that:
1. The Carrier violated the rules of the effective Clerks' Agreement, particularly the Memorandum of
it required and/or permitted an employe not covered by the scope of the
governing Agreement to perform work covered by the scope thereof.
2. The Carrier shall now be required to compensate Clerk J. P.
Cummings three and one-half
(A)
hours' pay at the time and one-half rate
of Position No. GT-554 for Tuesday, February 13, 1973.
OPINION OF BOARD: This claim is one of several related disputes concern
ing operation of teleprocessing devices by supervisory
personnel of Carrier. The history of the disputes as well as applicable
Agreement provisions together with analyses of each, are set forth in
Award No. 21050, the first of these cases.
In the present dispute the Organization asserts and Carrier tacitly
admits that on Tuesday, February 13, 1973, Trainmsater R. Mazurek operated
a teleprocessing device (R16-4-SCR), for the purpose of retrieving information from the computer, at
10:00 p.m, Claimant was an Input/Output Technician on duty at the time
the supervisor operated the teleprocessing device. For reasons set forth
in detail in the above-cited Award we shall sustain the claim. But our
review of the record shows that the claim alleges and proves work performance by Mazurek for a total
3
hours and 10 minutes and not 3j hours as
sought by the claim: Under Rule 43 cited and relied upon by the Organization for damages, time and o
of two (2) hours. The claim is sustained for
3
hours and 10 minutes.
FINDINGS: The Third Division of the Adiustamt Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Award Number 21051 Page 2
Docket Number
CL-20793
Act, as approved June 21,
1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained to the extent indicated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST: ii'
Executive Secret
Dated at Chicago, Illinois, this 29th day of April 1976.