NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21827
James F. Scearce, Referee
(Brotherhood of Railway, Airline & Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation
( Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8277, that:
1. Carrier violated the Agreement Rules, particularly Rule 1
(Scope), when it contracted with an outside firm, Railroad Traffic
Service Company at Greenville, Pennsylvania, to audit the intraline
waybills and prepare and issue corrected freight bills to patrons in
connection with errors developed as a result of the audit, and;
2. Carrier shall compensate Head Typist Grace A. Apida and
Stenographer Lillian E. Moss for 91'k hours each at their regular
assigned rates on a punitive basis account of such violation because
they were available to perform the service outside of their regular
assigned hours.
OPINION OF BOARD: The circumstances and events of this claim are
commingled with those in Third Division Docket
Number CL-21743, which was disposed of by the Board in Award Number
21852. The claims represented in this case are directly related to
that matter; we would err by not taking cognizance of the rationale
applied therein. In Award 21852, the Board found the Carrier violated
the Scope Rule by contracting out audit work properly under the
jurisdiction of the Organization. Here companion clerical work to
such audit functions is being claimed.
We find nothing palpably erroneous in Award 21852 and we
shall apply the same rationale here.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
Award Number 22057 page 2
Docket Number CL-21827
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 12th day of May
1978.
A