NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number Ch-22455
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GI-8520) that:
1) Carrier violated, and continues to violate the, Clerks'
Rules Agreement at Aberdeen, South Dakota, when it abolished Operator
Position No. 72330 on July 30, 1976 at 4:00 p.m. in Seniority District
No. 139, and unilaterally assigned the work normally attached thereto
to an employe outside the scope and application of the Clerks' Agreement.
2) Carrier shall now be required to compensate employe
D. E. Joneson an additional eight (8) hours at the pro rata rate of
Position No. 72330 retroactive to August 2, 1976 and continuing thereafter for all subsequent work d
is corrected.
OPINION OF BOARD: Position 72330 was abolished at Aberdeen, South
Dakota effective 4:00 p.m., July 30, 1976, and
certain work associated with that position was transferred to the
Assistant to the Superintendent.
The Employes assert that the Carrier has violated the Scope
Rule of the agreement, among others, by arbitrarily assigning work
"...normally done by operator ...to an employe not covered under the
scope and application of the Clerks' Rules Agreement."
The Carrier denies a violation, pointing out that the Scope
Rule in question has been determined to be, on a number of occasions,
general in nature, listing positions - but not work, and Carrier
urges that the Employes have failed to show that the Scope Rule gives
them exclusive rights to the performance of the claimed work.
Award Number 22685 Page 2
Docket Number CL-22455
Unquestionably, in this type of a case, the Employes have
a burden of showing an exclusive system-wide performance of the work
claimed in the dispute. Limiting our review to the matters which
were raised and considered while the matter was under consideration
on the property, (and thus properly before us) we find that the
Carrier has maintained that the duties in question were performed
by Supervisors of car utilization at various points on the property
and that the operator of the abolished position, when performing
certain duties, was merely assisting the Supervisor.
The Employes presented nothing to us on the property which
would warrant our making a contrary finding, and we will dismiss the
claim because of a failure of proof.
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 claim be dismissed.
A W A R D -
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: fiV t
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1979.