NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22555
James F. Scearce, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8565) that:
(1) The Carrier violated the Agreement between the parties
when, effective February 21, 1976, it refused Operator G. R. Baker,
incumbent third trick RX Office, Willard, Ohio, displacement rights
onto a first-trick position, such displacement rights having been
acquired because of Carrier's unilateral addition of clerical duties
to the assigned duties of the third-trick Operator position IBC Office,
Willard, Ohio, thereby creating a new position.
(2) Carrier shall, as a result thereof, be required to
compensate Mr. G. R. Baker eight (8) hours' pay at time and one-half
for February 21, 1976, and continuing each work day until this
violation is corrected, subject to all general wage increases.
OPINION OF BOARD: The impetus for this dispute can be traced back
to 1973 and the merger of the Telegraphers into
the organization. Over the years that followed the merger, certain
positions were abolished, realigned and/or re-bid. In 1976, the
Carrier assigned to Operators at its towers, the duty to observe and
read into a dictaphone numbers off passing trains, such work being
limited to two or so trains per shift. Per the Carrier, such work
required 5-10 minutes.
The Claimant herein requested that he be allowed to bid off
his assignment - on third trick - to an operator position on first
trick due to the Carrier having altered his assignment. It was noted
that the first trick operator also had been assigned duties of
providing train data via dictaphone.
Award Number 22678 Page 2
Docket Number CL-22555
We find no evidence to support the claim that the Carrier,
by its actions, created a "new assignment" and was thus required to
bid it or that the incumbent of such position was therefore entitled
to displace from it to any other position which his seniority would
allow. It is unrefuted that the work assigned to the Claimant was
within the Clerk exaft. Nothing has been adduced to suggest that
the Carrier cannot assign duties within the craft, particularly
where so doing does not exert undue burden upon the incumbent involved.
We also note that a similar situation was addressed in Award 16927
with a similar conclusion reached as herein.
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 is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
t
I
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1979.