NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22116
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8371) that:
(a) The Southern Pacific Company (now the Southern Pacific
Transportation Company) violated the Clerks' Agreement extant when it
arbitrarily required Train Timekeeper Flora Fambrini to trade positions
and duties with Maintenance of Way Timekeeper Alice Danielson; and,
(b) The Southern Pacific Transportation Company shall now
be required to allow Flora Fambrini eight (8) hours additional compensation at Timekeeper's rate of
thereafter until she is placed back on her position as Train Timekeeper.
OPINION OF BOARD: As revealed in the Statement of Claim, this case
originated more than ten years ago. Claimant
was one of some seventy Timekeepers in the Carrier's Payroll Depart
ment at its San Francisco General Headquarters. All of the Timekeeper
posts were bulletined as 5-day posts, had the same work days, hours,
and meal periods,.. and were of identical rates of pay. In early 1968,
the Carrier rearranged the duties in four of the posts for efficiency
purposes. The claimant held one of the four posts. The rearrangement
in her case resulted in the substitution of certain maintenance-of-way
audits for certain train audits.
The claimant's additional-compensation request is based on
alleged violations of certain Rules (Nos. 26, 27, 28 and 33) under
the then-current Agreement. We have examined these Rules in relation
to the underlying facts. We see nothing in them which would have
barred the duty rearrangements. We find the claim ill-founded.
Award Number 22282 Page 2
Docket Number CL-22116
Additionally presented in the case is the Organization's
contention that the Manager of Payroll and Miscellaneous Services
denied the claim in a manner which violated the claimant's rights
under a certain portion of the 1954 National Agreement. We reject
this contention as well. Though brief, the Manager's letter was
within the pertinent requirements (as discussed and held in a
series of Third Division Awards).
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:
Z9 ~V-
&d~
Executive Secretary
Dated at Chicago, Illinois, this 12th day of January
1979.