NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22727
Martin F. Scheinman, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employee
PARTIES TO DISRT~E:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8655)
that:
(a) The Southern Pacific Transportation Company violated the
Clerks' Agreement when it removed work from Sacramento District Roster No. 2
and placed it on Sacramento District Roster No. 1; and
(b) The Southern Pacific Transportation Company shall now be
required to compensate employes E. H. McManus, N. C. Camp, K. R. Brown,
D. D. Heller, R. L. Larocque, Jeff Nichols, R. K. Edgman, R. J. Miller,
R. Gregory, J. E. Spirlock and P. K. Pomeroy as set forth in Local Chairman
Dorothy M. Sanford's letters of March 11, June 1, July 11, September 9 and
November 2, 1977 identified as Employes' Exhibits A, I, J, K and L attached
hereto.
OPINION OF BOARD: Carrier installed a sew teletype machine (M-40) in its
Chief Dispatcher's office, TOPS Room, at Roseville,
California, on February 16, 1977. Prior to the installation, Dispatcher
Clerk-Stenos, holding seniority rights on Sacramento District Roster No. 1,
took message dictation from Assistant Chief Dispatchers, typed the message
on telegram forms, and delivered them to Printer Machine Operators (Roster
No. 2), who retyped them for transmission to the various listed stations.
Subsequent to the installation of the M-40, the Dispatcher Clerk-Stenos
(Roster No. 1) used their dictation notes to teletype the messages.
That is, the function previously performed by the PMO Operators was
eliminated.
The Organization claims that Carrier violated the Agreement
between the parties when it removed work from Sacramento District Roster
No. 2 and placed it on Sacramento District Roster No. 1. Claimants are
the members of Roster No. 2.
Article III, Section 2(a) of the Agreement of September 16, 1971
is the primary provision relied upon by the Organization. It sta,test
Award Number 22832 Page 2
Docket Number CI-22727
When a carrier party hereto desires to transfer positions
and/or work between seniority rosters, districts and/or
regions on its own lines, or when a carrier party hereto
desires to transfer positions and/or work to another
carrier party hereto, 90 days' advance notice will be
given appropriate General Chairman or General Chairmen .
...... (emphasis added)
The evidence indicates that with the
M-40
machine, the Dispatcher
Clerk-Stenos, instead of typing the message on a telegram form with a
conventional typewriter, typed the message directly into the
M-40
machine
with its visual display. This operation did not constitute any additional
work for the Dispatcher Clerk-Stenos. The actual transmission was then
governed automatically by the computerized message switching system.
The machine automatically transmitted the typed-in message.
The result of this is that the Chief Dispatcher's Office is now
able to send out its own message via the computer. There is no longer a
need to send for the services of the Telegrapk Office. In short, the process
was expedited by eliminating the middleman operation, without causing any
additional work for the Dispatcher Clerk-Stenos.
This Board has previously ruled that this type of installation
does not constitute a transfer.of work.. See for__exampleAwards 3051.-2449,
11494.
We find those rulings equally applicable here.
Therefore, since the installation of the
M-40
system constituted
an elimination of the intermediate step performed by Claimants, and not
a transference of work, Article III, Section 2(a) is not applicable.
Citation of other Rules by the Organization, e.g., Rules 30, 31, 32, 33
are not appropriate to the factual situation here.
We will deny the Claim in its entirety without addressing
the other contentions raised.
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;
Award Number 22832 Page 3
Docket Number CL-22727
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee 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:/
Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1980.