NATIONAL
RAILROAD ADJOSTMERT BOARD
THIRD DIVISION Docket Number
CL-20912
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employee
PARTIES To DISPUTE:
(Burlington Northern Inc.
STATEMENT OF
CLAIM:
Claim of the System Committee of the Brotherhood
(OL-7658)
that:
(1) The Carrier violated the rules of the Clerks' Agreement
which became effective March
3, 1970,
when it, on JU1Y
7, 8
and
9, 1973,
unilaterally removed the regularly assigned Yard Clerk from his position
to fill a vacancy on a Crew Caller position.
(2)
The Carrier shall now be required to compensate Mr. M.
L.
Peterson, Yard Clerk, Dilvorth, Minnesota, eight hours' overtime at the
Yard Clerk's rate for each day; July 7, 8 and
9,
1973.
OPINION OF BOARD: The record reveals that Claimant was assigned to fill
the temporary vacancy of crew caller, which
pays
a
lesser rate than Claiment's. However, he vas paid the higher rate plus
one hour overtime on each of the three dates, an required by Rule
51
of
the Agreement.
"RULE
51.
PRESERVATION OF RATES
A. Heployes temporarily or permanently assigned to
higher rated positions shall receive the higher rate
while occupying such positions; employes temporarily
assigned to lower rated positions shall not have their
rates reduced.
B. Except as provided in Rule
54,
employes required
to perform service on a higher rated position for one
(1) hour or more on any shift shall be paid the higher
rate for the actual time sasigned thereto, except that
when the time so engaged exceeds four
(4)
hours, they
will be paid the higher rate for the entire day.
C. A 'temporary assignment' contemplates the fu.l.fillmeat of the duties and responsibilities of the
position during the time occupied, whether the regular
occupant of the position is absent or whether the
tempwary assignee does the work, irrespective of the
Award amber 21123 page z
Docket fimber CL-20912
"presence of the regular employee. Assisting a higherrated employe due to a temporary increase in th
of work does not constitute a temporary assignment.
D. In cases of employee temporarily performing special
work not rated or some duties of a previously abolished
position, the question of proper rate may be handled under
Rules 49 and
5o."
Rule 51 clearly gives Carrier the right to temporarily assign an employe
to a higher or lower rated position. This fact was clearly confirmed by
Eergency Hoard No. 178.
This matter has been adequately handled by this Hoard in Awards
20975,
20983 and 20998· There in no merit to the claim.
FILMINOB: 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 Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard bas jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL PAILRORDD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
A&ZI&LW
Executive Secretary
Dated at Chicago, Illinois, this 16th day of July 1976.