NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 22011

THIRD DIVISION Docket Number CL-21940

George S. Roukis, Referee

(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (Former Lehigh Valley Railroad Company)

STATEMENT OF CLAM: Claim of the System Committee of the Brotherhood GL-8289, that:

(a) Carrier violated the Rules Agreement, effective May 1, 1955, particularly Rules 1, 3, 7 and 9 among others, when it assigned the work of checking and weighing cars and preparing weight tickets at Perth Amboy, New Jersey to employes of the Yardmasters' craft.

(b) Carrier now be required to compensate Clerk P. M. Trischitta for one day's pay at the applicable pro rata rate for the date of February 20, 1975 and all subsequent dates on which said violation occurred.

OPINION OF BOARD: This dispute pertains to the assignment of
certain work to Yardmasters which consisted
of weighing cars and preparing weight tickets at Perth Amboy, New
Jersey on the second trick. It is contended that the clerical position
formerly assigned to perform this work was abolished on May 4, 1973.
Carrier does not directly challenge Claimant's factual assertion, but
argues instead that:

"The work of weighing cars and preparing weight tickets, which consumes less than fifteen (15) minutes' time per trick, has never been an exclusive function of clerks on the property but has been performed by others, including, as in this case, Yardmasters."

Award Number 22011 Page 2

Docket Number CL-21940

The Scope Rule in question reads, in part, as follows:

"Positions or work coming under the scope of this agreement shall not be removed and transferred to employes coming under the scope of another agreement (except is the case of reduction of clerical forces to establish a one man agency) except by mutual agreement."

This rule was interpreted by the Board in Award 13807 (Referee Kornblum). We stated therein, "it roust be assumed that work which is regularly assigned to a clerical position under the Agreement is work coming under the Scope of the Agreement (even if not exclusively under it), and therefore, when that position is abolished the duties remaining must be assigned to another clerical position at the location coming under the Agreement, save in the exception expressly described (reduction to a one man agency)." We do not think its specifications and coverage requirements are inapplicable to the particulars of this case.

Therefore, Part (a) of the claim is sustained. Conversely, Carrier argues that only fifteen (15) minutes per trick is consumed in the performance of this work, thus the claim in part (b) is upheld for fifteen (15) minutes at the applicable pro rata rate, on the second trick, for each date that the disputed work was assigned to a Yardmaster.

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.

Award Plumber 22011 Page 3

Docket Plumber CL-21940

A W A R D

Claim sustained in accordance with the Opinion of the Board.

PIATIONAL RAILROAD ADJUSTMMiT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 14th day cff April 1978.