NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-21439
William G. Caples, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Boston and Maine Corporation, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8049) that:
1. Carrier violated Addendum #3, Article VIII, February 25,
1971 National Agreement, Mediation Agreement Case No. A8853, dated
February 25, 1971, among others of the current working Rules Agreement,
when it delegated clerical work to General Agent (Minor) H. Magown,
Mystic Junction, Boston, Mass., covering August 8, 1974 and everyday
thereafter until same is corrected.
2. Carrier shall compensate clerks John F. Fraine, Edward J.
Fitzgerald, George T. French, Thomas J. Brooks and William P. McGarry,
Mystic Junction, Boston, Mass., and all other claimants for one (1)
day's pay (8 hours) for each and every day commencing August 8, 1974 and
continuing until same is corrected. Rate of pay $5.02 per hour.
Claims are as follows:
John F. Fraine - September 6, 9, 10, 11, 12, 13, 16, 17,
18, 19, 20 and 30, 1974
Edward J. Fitzgerald - August 8, 9, 15, 16, 22, 23, 29
and 3o, 1974. October 3, 4, 17 and 18,
1974. November 7, 8, 14, 15, 21, 22
and 29, 1974. December 5, 6, 12 and 13,
1974.
William P. McGarry - August 20 and 21, 1974. September
24 and 25, 1974. October 1, 2, 8, 9, 22
and 23, 1974. November 5 and 6, 1974.
December 11, 1974.
Thomas J. Brooks - September 3, 4, 5, 9, 10, 11 and 12,
1974. October 7, 10, 11, 14, 15, 16,
21, 24 and 25, 1974. November 4, 11,
12, 1,3, 18, 19, 20, 25 and 26, 1974.
December 2, 3, 4, 9 and 10, 1974.
George T. French - November 27, 1974.
Award Number 21580 Page 2
Docket Number CL-21439
OPINION OF BOARD: The crux of the dispute in this case centers around
the abolishment of a clerk's position at Carrier's
Mystic Junction Office, Boston, Massachusetts, and the assignment of
certain items of work from the abolished position to the General Agent
(Minor) position at that same location.
Effective August 20, 1973, the parties to this dispute
consummated an Agreement in which the work and seniority of clerks and
telegraphers (including agents) was consolidated into one Rules Agreement
in accordance with the provisions of Sections 1 and 2 of Article VIII of
Mediation Agreement Case No. A-8853 dated February 25, 1971.
Subsequently, on August 1, 1974, as a result of certain force
rearrangements in the Boston, Massachusetts area, the clerk's position
referred to above was abolished, and some of the duties formerly performed
by the abolished position were thereafter performed by the General Agent
(Minor). The SubJect of this claim, and petitioner's contentions before
this Board, allege that the assignment of work from the abolished position
to the general agent position was a violation of Addendum #3 to the Rules
Agreement which is a reproduction of Article VIII of the February 25, 1971
National Agreement.
We have carefully reviewed the entire record in this case and
can find no violation of any Rule or Agreement. Rule 1(f) of the
applicable Agreement provides in pertinent part as follows:
"Rule 1. Scope - Employes Affected:
(f) When a position covered by this Agreement is abolished,
the work previously assigned to such position which remains
to be performed will be assigned in accordance with the
following:
(1) To another position or other_positions
covered by this Agreement when such other
position or other positions remain in existence,
at the location where the work of the abolished
position is to be performed."
The parties agree that the General Agent (Minor) is a position
"covered by this Agreement." Therefore, the assignment of any work from
the abolished position to the agent's position was, in fact, accomplished
within the clear and unambiguous language of Rule 1(f)(1) quoted above.
In view of the foregoing we shall deny the claim as presented.
Award Number 21580 Page 3
Docket Number CL-21439
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
That 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 17th day of June 1977.