NATIONAL RAILRCAD .JITST?ENT BOARD
THIRD DIVISION Docket Number CL-21194
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Robert
w.
Blanchette, Richard C. Bond and John H.
( McArthur, Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-7850,
that:
(a) Carrier violated the Rules Agreement effective February 1,
1968, particularly 3-C-2 (a) (1), the Scope Rule and the Extra List Agreement,
when the Carrier abolished Position G-74 located at Shire Oaks, September 22,
1971 and failed to properly assign the duties of the abolished position.
(b) G. J. Gligonic, J. J. Jacob and E. K. Rinko and a?`_ others affected by the improper abolishment
pay of eight (8) hours at the appropriate pro rata rate of pay for September
24, 1971 and to continue for each consecutive date that the violation exists.
OPINION OF BOARD: This dispute, a companion case to the matter in Award No.
21324, deals with the abolishing of certain clerical
positions and transfer of work from Shire Oaks, Pennsylvania starting on Sep
tember 22, 1971. In this dispute. we are concerned with the results of the
abolishing of Position G-74, Flexawriter, on September 22, 1971. Petitioner
alleges violations of the Scope Aule, Rule 3-C-2 (a) (1) and the Extra List
Agreement.
The Carrier abolished the two Flexowriter positions, G-74 and G-67
at Shire Oaks and states that the work remaining was assigned to Flexowriter
Position G-73 at the location. That last position was transferred to another
location on November 22, 1971. The ultimate issue to be decided is whether
Carrier reassigned residual duties of position G-74 in violation of the Agreement.
Petitioner asserts that Carrier assigned work included in the duties
of abolished position G-74 to employes of other crafts (engineers and
conductors) and also to the Incumbent of the Grasp 2 extra list position.
A study of the record of the dispute, in particular the handling
on the property, persuades us that this Claim lacks merit. First, and moat
important, regardless of the discrepancies in dates pointed to by the C$rrier,
we can find no evidence indicating the specific functions of the Flexowriter
position which were allegedly improperly assigned after the position was abolished. Indeed the Petit
substantively significant evidence, the same document herein as was presented
in Award No. 21324, which in that dispute was related to the crew dispatcher's functions. Hence we m
Award Number 21325 Page 2
Docket Number CL-21194
burden of proof in this dispute. Additionally, it must be noted that even
if Petitioner had presented adequate evidence in support of its contentions,
there is no merit to the argument that Carrier is precluded from assigning
Group 1 work to Group 2 personnel. That issue has been dealt with in a
number of awards on this property involving this Organization. In Award
12365, involving the same parties and agreement language, we said:
"Petitioner's claim is based on the fact that the remaining
duties of the abolished position were assigned in part to a
Group 1 clerical position and in part to a Group 2 Baggageman
position remaining in existance at the location involved. Petitioner alleges that Rule 3-B-1 is viol
abolished Group 2 position is assigned to a Group 1 position
on the basis that this Rule prohibits the crossing of seniority
lines.
We feel that the Petitioner has failed to show that the Agreement prohibits the Carrier from crossin
from Group 1 to Group 2 and vice versa."
Finally, if we would, arguendo, reach that issue, the work performed by the
train crew personnel with respect to time cards is wholly appropriate, as we
found in Award No. 21324. Based on the entire record, and for the reasons indicated heretofore, the
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 this Division of the Adjustment Board has jurisdic
the dispute involved herein; and
That the Agreement was not violated. ~./
A W A R' D
2 2 1976
Claim denied.
J ,! BER~ P
®s
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
~~
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1976.