NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21976
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Lake Terminal Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8322, that:
1. The Carrier violated the effective Clerks' Agreement when
on December 9 and 29, 1975, it required and/or permitted an employe not
covered by the scope of the Agreement to perform work reserved exclusively
for employes covered thereby
2. The Carrier shall now compensate the first out clerk for
eight (8) hours' pay at the pro rata rate of a yard clerk position for
each of dates December 9 and 29, 1975.
OPINION OF BOARD: The Employes assert that on December 9 and
December 29, 1975, an Assistant Trainmaster performed track checking work in violation. of the Scope
"These rules shall govern the hours of service and
working conditions of all employees engaged in the
work of the craft or class of clerical, office, station
and storehouse employees, subject to such modifications
as are included herein. Positions or work coming within
the scope of this agreement belong to the employees
covered thereby, and nothing in this agreement shall be
construed to permit the removal of positions or work
from the application of these rules, except by agreement
between the parties signatory hereto."
Carrier asserts that (1) the wheel report form (which is used
by several classes of employes, not solely by clerks) was used to record
the yard check and (2) switching orders "which is involved in the
instant dispute, was historically completed by others besides clerks:"
Those assertions, which suggest a west ,^.f system-,;J-de e?.Cllls='Jit7, '.·in
eel, are ::3splac°d.
Award Number 21933
Docket Number CL-21976
Page 2
Under the cited "positions or work" scope rule, all work
performed under the agreement is preserved to the Organization until
it is negotiated out. See Award 21382. Thus, we feel that the question
presented is controlled by the function of work performed, not the
farm used. Checking of tracks is a function assigned to clerks and,
thus, the work performed on December 9 and 29, 1975 resulted in a
violation.
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 violated.
A W A R D
Claim sustained.
ATTEST:
alv-
&"Il.,
Executive Secretary
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J BERG P ~,
NATIONAL RAILROAD ADJU BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 28th day of ?ey-uzr·,r 19^g.