NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22642
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8611)
that:
CLAIM C1 -
1. Carrier violated the Agreement between the parties when on
December 27, 1976 the duties of the six separate clerical
positions in the Division Engineers office were re-arranged
and intermingled.
2. Carrier shall now pay E. S. Robertson the difference in rate
for December 27, 1976 and each date thereafter that she is
required to perform the duties previously assigned to the
higher rated positions.
3. Carrier shall now pay R. J. Klein the difference in rate
for December 27, 1976 and each date thereafter that he is
required to perform the duties previously assigned to the
higher rated positions.
CLAIM
vv"2 -
1. Carrier violated the provisions of the April 1r 1973 Master
Agreement particularly Rulcs 49 and 50 thereof, when on
January 14, 15, 17 and 23, 1977, it required Claimant T. J.
0'Conner, Crew Dispatcher, (53.8608) to perform the duties
of Chief Clerk ($54.3219).
2. Carrier will now pay Claimant the difference in rates of
the position or $.4611 per day for each claim date and
all subsequent dates thereafter. ._
Award Number 22994 Page 2
Docket Number CL-22642
CLAIM #3 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50 thereof, when on
January 23, 29, 30, February 5, and 7, 1977 it required
Claimant R. B. Harlan, 1st Trick Crew Dispatcher, daily
rate, $53.8608 to perform the duties of Chief Clerk, daily
rate, $54.3219.
2. Carrier will now pay Claimant the difference in rates of
the position or $.4611 per day for each claim date and all
dates subsequent thereafter.
3. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50 thereof, when on
January 31, 1977 it required Claimant R. B. Harlan, 2nd
Trick Crew Dispatcher, daily rate a"52.0680 to perform the
duties of Chief Clerk, daily rate $54.3219.
4. Carrier will now pay Claimant the difference in rates of
the positions or $2.2539 for January 31, 1977 and each
subsequent date thereafter.
CLAIM !I4 -
1. Carrier violated the provisions of the April 1, 1973 :?aster
Agreement particularly Rules 49 and 50 thereof, when on
January 10, 11, 12, 13, 14 and 17 1977 it required Claimant
S. R. Seymour, 1st Trick Crew Dispatcher ($53.8608) to perform
the duties of Chief Clerk ($54.3219).
2. Carrier will now pay Claimant the difference in rates of the
positions or $.4611 for January 10, 1977 and each subsequent
date thereafter.
CLAIM Ifs
-
1. Carrier violated the provisions of the April 1, .1973 Master
Agreement particularly Rules 49 and 50 thereof, when on
January 10, 1977 it required Claimant G. E. Burton, 3rd
Trick Caller ($52.0680) to perform the duties of 3rd Trick
Chief Clerk ($52.7992).
2. Carrier will now pay Claimant the difference in rates of
the positions or $.7312 for January 10, 1977 and each subsequent date thereafter.
Award Number 22994 Page 3
Docket Number CL-22642
CLAIM #6 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50 thereof, when on April
30, 1977 it required Claimant G. E. Burton, 3rd Trick Crew
Dispatcher ($55.5488) to perform the duties of 3rd Trick
IBM Operator ($58.4568)
2. Carrier will now pay Claimant the difference in rates of
the positions or $2.9080 for April 30, 1977 and each subsequent date thereafter.
CLAIM #7 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50 thereof, when on
July 1, 6, 7, 8, 11, 12, 13, 14, 15, 19, 20, 22, 25, August
1, 2, 3 and 4, 1977 it required Claimant J. B. Spilman,
Caboose Supplyman ($54.3944) to perform the duties of Assistant Chief Yard Clerk ($56.3096).
2. Carrier will now pay Claimant the difference in rates of
the positions or $1.9152 for each claim date.
3. Carrier violated the provisions of the April 1, 1973 taster
Agreement particularly Rules 49 and 50 thereof, when on July
4, 1977, it required Claimant J. B. Spilman, Caboose Supplyman
($54.3944) to perform the duties of IBM Operator ($58.5896).
4. Carrier will now pay Claimant the difference in rates of the
positions or $4.1952 for July 4, 1977.
CLAIM #8 -
1. Carrier violated the provisions of the April 1, 1973 :faster
Agreement particularly Rules 49 and 50 thereof, when on May
18, 21, June 2, 8, 17, 22, 24, July 1, 8, 9, 13, 14, 16, 21,
22, 23, 24, 27, 28, 29, 30, August 4, 6 and 7, 1977, it required Claimant C. R. Winscott, Caboose Su
to perform the duties of IBM Operator ($58.5896). .-
2. Carrier will now pay Claimant the difference in rates of the
positions or $4.1952 for each claim date.
Award Number 22994 Page 4
Docket Number CL-22642
CLAIM #f9 -
1. Carrier violated the provisions of the Apri 1, 1973 waster
Agreement particularly Rules 49 and 50 thereof, when on July
7 and August 4, 1977 it required Claimant P. R. Cavanaugh,
Caboose Supplyman ($54.3944) to perform the duties of Chief
Yard clerk ($57.7568).
2. Carrier will now pay Claimant the difference in rates of the
positions or $3.3624 for each claim date.
CLAIM x`10 -
1. Carrier violated the provisions of the April 1, 1973 '.:aster
Agreement particularly Rules 49 and 50 thereof, when on August
10 and 12, 1977 it required Claimant C. R. Winscott, Caboose
Supplyman ($54.3944) to perform the duties of 3rd Trick IBM
Clerk ($58.5896).
2. Carrier will now pay Claimant the difference in rates of the
positions or $4.1952 for each claim date.
CLAIM 011 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50 thereof, when on July
29, August 8, 9, 10, 15, 16 and 17, 1977 it required Claimant
J. B. Spilman, Caboose Supplyman ($54.3944) to perform the
duties of Assistant Chief Yard Clerk ($56.3096).
2. Carrier will now pay Claimant the difference in rates of the
positions or $1.9152 for each claim date.
CLAIM "12 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50 thereof, when on March
20, 1977 it required Claimant O.B. Robinson, Caboose Supplyman ($54.3944) to perform the duties of A
Clerk ($56.3096).
2. Carrier will now pay Claimant the difference in rates of the
positions or $1.9152 for 1-!arch 20, 1977 and all dates subsequent thereto.
Award Number 22994 Page 5
Docket Number CL-22642
CLAIM 113 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on September 1,
2, 6, 7, 8, 9 and 12, 1977 it required Claimant D. W. Ward,
Caboose Supplyman ($54.3944) to perform the duties of Chief
Yard Clerk ($58.1568).
2. Carrier will now pay Claimant the difference in rates of the
positions or $3.7624 for each claim date.
CLAIM C14 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on stay 10, 12,
13, 16, 17, 18, 19, 20, 24, 25, 26, 31, June 1, 2, 6, 7, 9,
10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 27, 28, 29 and 30,
1977 it required Claimant J. B. Spilman, Caboose Supplyman
($54.3944) to perform the duties of Chief Yard Clerk ($58.1568).
2. Carrier will now pay Claimant the difference in rates of the
positions or $3.7624 for each claim date.
CLAIM fi15 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on April 13, 14,
17, 20, 22, 24, 27 and May 5, 1977 it required Claimant M. D.
Samp, Caboose Supplyman ($54.3944) to perform the duties of
IBM Operator ($58.5896).
2. Carrier will now pay Claimant the difference in rates of the
positions or $4.1952 for each day of claim.
CLAIM e`16
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on May 3, June
5, 6, 7, 14, 15, 18, 19, 20, 21, 27, 28 and 29, 1977 it required Claimant T. J. 0'Conner, Caboose Su
to perform the duties of Chief Yard Clerk ($58.1568).
2. Carrier will now pay Claimant the difference in rates of the
positions or $3.7624 for each day of claim.
i
Award Number 22994 Page 6
Docket Number CL-22642
CLAIM ()17 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on May 15, 1977
it required Claimant R. L. Seeley, Caboose Supplyman ($54.3944)
to perform the duties of IBM Operator ($58.5896).
2. Carrier will now pay Claimant the difference in rates of the
positions or $4.1952 for claim date.
CLAIM R18 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on April 14,
1977 it required Claimant P. R. Cavanaugh, Caboose Supplyman
($54.3944) to perform the duties of Chief Yard Clerk ($58.1568).
2. Carrier will now pay Claimant the difference in rates of the
positions or $3.7624 for April 14, 1977.
CLAIM #19 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on September 13,
15, 16, 20, 21, 22, 23 and 27, 1977 it required Claimant D. W.
Ward, Caboose Supplyman ($54.3944) to perform the duties of
IBM Operator ($58.5896).
2. Carrier will now pay Claimant the difference in rates of
positions or $3.7624 for each claim dates.
CLAIM G`20 -
1. Carrier violated the provisions of the April 1, 1973 Master
Agreement particularly Rules 49 and 50, when on August 24,
25, 27 and 31, 1977, it required Claimant C. R. Winscott,
Caboose Supplyman ($54.3944) to perform the duties of 3rd
Trick IBM Clerk ($58.5896).
2. Carrier will now pay Claimant the difference in rates of the
positions or $4.1952 for each claim date. .-
Award Number 22994 page 7
Docket Number CL-22642
CLAIM 121
1. Carrier violated the provisions of the April 1, 1973 'faster
Agreement particularly Rules 49 and 50, when on October
7
and
13, 1977 it required Claimant Earl Harris, Caboose Supplyman,
($54.3944) to perform the duties of Operator ($58.4568).
2. Carrier will now pay Claimant the difference in rates of the
positions or $4.0624 for each claim date.
OPINION OF BOARD; We have reviewed, at length, the rather extensive record
presented to us, and we have contemplated the number of
claims which suggest (in various form and content) that the Carrier has
violated the agreement in the various determinations it has made concerning
rearrangement and intermingling of positions, improper assignments and other
related alleged violations.
As we have reviewed the claims, and the nature of the asserted
violations, we note that there were certain changes of a permanent basis and,
therefore, the Organization cannot base its case upon a "preservation of rates"
argument.
Whatever the obligations may be to negotiate concerning changes of
a permanent nature, after a thorough and extensive review of the record, we
are of the view that the Organization simply has not set forth the basis for
its claims in this case, and we have no alternative but to dismiss the claims
accordingly.
The Carrier has raised certain procedural objections to the manner
is which the dispute was prosecuted by the Organization. In our view, the
record is too inconclusive to substantiate the Company's p,llegations in that
regard and, accordingly, we refrain from issuing a definitive ruling concerning the procedural objec
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;
Award Number 22994 Page 8
Docket Number CL-22642
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:
ecutive Secretary
Dated at Chicago, Illinois, this 29th day of September 1980.