NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-21310
William G. Caples, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
_ ( Express sad Station Employes
PARTIES TO DISPUTE:
Southern Pacific Transportation Company
(Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-7917, that:
(a) The Southern Pacific Transportation Company violated the
Agreement of April 20, 1966, effective May 1, 1966, Article III, Section 2
and Article IV, Section l and 3 thereof, when it failed and refused to
grant separation allowance to Mr. F. G. Kramer pursuant to abolishment of
his regularly assigned position and transfer of the work thereof to
another Master Seniority Roster Region; and,
(b) The Southern Pacific Transportation Company shall now be
required to allow Mr. F. G. Kramer the lump sum separation allowance as
specifically set forth in Article IV, Sections 1 and 3, of the April 20,
1966 Agreement.
OPINION OF BOARD: On September 9, 1970, Carrier in accordance with the
Agreement, issued a 90-day notice to the Organization
stating Carrier's intent to abolish four clerical positions, 11, 13, 19
and 27,at its yard in Ashland, Oregon. The positions were abolished
December 9, 1.970. The Claimant was the regularly assigned incumbent of
Position 13 at this time. By letter dated November 20, 1970, Claimant
advised Carrier he was in possession of a letter of Carrier stating the
job would be abolished December 9, 1970 and that Carrier:
"In taking off this position all weighing at Ashland
has been eliminated, thereby taking
m·
work from me and
placing it in another district. In order to follow this
work I would have to move to Roseville, Calif; I have
decided against this.
I have 31 years of service and will be 62 at December
1970. I have decided to resign from the carrier service
and accept a lump sum separation allowance as set forth
in Article IV, section 3 of the Clerks' agreement,
effective May 1, 1966."
Award Number 21491 Page 2
Docket Number CL-21310
The Carrier denied the original request and it has been appealed
through the highest office of the Carrier authorized to hear such appeals
and is before this Hoard.
The reason given in the denials was the Carrier determined it
could do without most of the switching service performed at Ashland and
did not need to continue the level of mechanical service needed with the
switching service, specifically that weighing of cars at Ashland,which
after December 9, 1970 was done on an automatic scale at Berg, was not
a transfer of work "to an employee on another master seniority roster
region bat is being performed by electronic scale during normal train
movement, consequently" is not considered "a transferral of work as
contemplated under Article 4 of the April 20,
1966,
Clerks' Agreement."
The three sets of facts are not in dispute: (1)
Ashland
is
located in Master Seniority Roster Region No. 3 and Berg and Roseville
are in Master Seniority Roster Region No. 2; (2) there had, prior to
December
9,
1970,beea a car-weighing function at Ashland accomplished
with a conventional mechanical scale which weighed one car at a time.
The procedure was the yard engine crew would switch one car onto the
scale; the clerk would balance the scale, insert a scale ticket and
activate a triggering device that would stamp-the weight on the scale
ticket which was subsequently glued to the waybill. The yard engine
crew would then switch the car off the scale. Subsequent to December 9,
1970 the car-weighing function was accomplished at Berg by an electronic
coupled-in-motion track scale which weighs cars automatically as the
train passes over the scale in a continuous movement at a speed not to
exceed
4
M.P.H. After the train passed over the scale,the Conductor
roved a tape from the machine and placed it with the waybills for
delivery to the yard office at Roseville, At Roseville a clerk took
the weight of each car from the tape and transferred it to the proper
waybill; (3) there are no employes at Berg and no additional positions
were established at Roseville as a result of the changes aforestated.
This is one of those very difficult cases which arise in an
industrial society where there is a constant effort in reduction of costs
to replace human effort, physical or mental, by means of mechanical or
electronic devices. In the process, in dealings between unions and
managements,agreements are made, as in the Agreement here being interpreted, to assure jobs and work
human effort is required and that neither are diluted.
Here the claim is made of a "transfer of work" from Claimant's
"regularly assigned position **** to another Master Seniority Roster
Region."
Award Number 21491 Page 3
Docket Number CL-21310
First we must examine whether "work" was transferred. .If it was,
the Board then need explore whether it was transferred to another Master
Seniority Roster and whether Claimant is entitled to a lump sum separation
allowance.
It is the Claimant's burden to prove work assigned to him was
transferred.
"Work", per se, is not defined in the agreement, although it is
used in a variety of contexts for the clarification of certain rules in
the agreement (See Rules
7, 8,
9, 13 and 14). The Board believes the
usual dictionary definition or sense of "work" as an "activity in which
one exerts strength or facilities to do or perform something" or "sustained
physical or mental effort to overcome obstacles and achieve an objective
or result" or "a specific task, duty or fraction assignment" is proper
in the interpretation of this agreement.
There was not a transfer of work in the usual sense of the term.
There was a transfer of a weighing function from a mechanical to an
electronic device. This does not prima facie establish that it was either
work or a transfer of work. The record does not show Claimant made other or
additional proof and thus has not established this fundamental basis to
his claim. The Claim must therefore be denied. The Agreement was not
violated.
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 jurisdiction
over the dispute involved herein; and
The Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Third Division
ATTEST
Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1977.