NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22003
James F. Scearce, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8318, that:
1. The Western Pacific Railroad Company violated Rule 7 of
the Agreement when it arbitrarily increased the duties and responsibilities
of the Portola Train Desk-Crew Clerks without proper compensation being
negotiated with the duly accredited representatives.
2. The Western Pacific Railroad Company shall now be required
to allow Mr. R. M. McCormick, Mr. T. F. Nally, Mr. W. E. Simmons, Mr.
J. C. Redd, Mr. D. A. Dayton, Mr. R. A. Dore, Mr. H. D. Manit, the
difference between the abolished positions of Yardmasters' rate of pay
and their clerical positions from May 25, 1975 until the violation of
Rule 7 ceases.
OPINION OF BOARD: A series of operational decisions by the Carrier
had the effect of substantially reducing the volume
of work at its facilities at Portola, California, so much so that the
only activity was that of "main-lining" through trains and the operation
of a Local on an as-needed basis. Such changes in operations included
the discontinued use of switch engines and the abolishment of Yardmaster
positions. These changes occurred between February 9, 1975, and May 6,
1975, at which time the discontinued operations and job abolishments
were completed.
The Organization has asked this Board to take cognizance of
its claim that the actions of the Carrier had the effect of arbitrarily
increasing the duties of the Portola Train Desk Crew Clerks without a
corresponding increase in compensation having been negotiated.
This Board needs look no further than Rule 7 to conclude that
the claim is improperly before this Board:
Award Number 22018
Docket Number CL-22003
"ADJUSTMENT OF RATES
Rule 7. When there is sufficient increase or
decrease in the duties and responsibilities of a
position or change in the character of service.
required, the compensation for that position will
be properly negotiated with the duly accredited
representatives, but established positions shall
not be discontinued and new ones created under the
same or different titles covering relatively the
same class of work for the purpose or with the
effect of reducing the rate of pay or evading the
application of these rules."
Page 2
The Rule is clear in providing the avenue of negotiations:
" ..with the duly accredited representatives..." This matter has been
dealt with on numerous occasions by the Board and we are satisfied that
the circumstances of this case are not at variance from the application
of similar rules. We are compelled to dismiss these claims, in that we
have no authority to establish rates of pay because of asserted accretion
of added duties. This matter is not properly before us.
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 jursd~ction
over the dispute involved herein; and
That the Agreement was not violated.
Claims are dismissed.
A W A R D
ATTEST:
al-114
aae~
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 14th day of April
1978.