__ NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22977
James F. Scearce, Referee
(Flora M. Sheehan
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Pacific Lines)
STATEMENT OF CIAIM:
1. The Southern Pacific Transportation Company violated the Clerks Agreement
when it abolished Position 79, Lead Clerk, by Notice No. 547, and also issued
Notice No. 546 abolishing Positions No. 50, 51, 52 and 1 from Roster 2 and
transfering the work thereof to Portland Communications - Clerks Basic Roster 7:
2. The Southern Pacific Transportation Company shall now be required to allow
Mrs. F. M. Sheehan eight (8) hours additional compensation, May 24, 1977, and
each calendar day thereafter except Saturdays and Sundays:
3. The Southern Pacific Transportation Company shall now be required to restore
Position 79, lead Clerk, to Portland Communications - Roster No. 7, and to restore
work and/or positions of Manager and Wire Chief Positions Nos. 50, 51, and 52 and
Relief Position No. 1 to Basic Roster PD-2 and Master Roster No. 3.
OPINION OF
BOARD: The dispute in this case arises out of the Carrier's abolish
ment of four (4) wire chief positions at its Portland "DW"
Telegraph Office and the transfer of such work to four (4) new wire chief posi
tions to be established elsewhere and, more importantly, on a different seniority
roster. Intent of such impending change was conveyed to the Organization, which
was to be accomplished per the applicable provision -- Article III, Section 2(a):
'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. Such notice shall
contain the following detailed information: ..."
Objection was raised by the Organization after such rearrangement, contending a
violation of Article III, Section 2(c):
Award Number 23231
Docket Number MS-22977 Page 2
"This section covers only transfer of positions
and/or work as referred to in this agreement and
shall not be applied so as to result in consolidation or elimination of rosters."
After handling on the property, the Organization determined not to pursue the
matter further; the Claimant herein -- the affected employe - chose to do so.
Without addressing the one or more procedural defenses raised by the
Carrier to this Board's authority to review this matter -- raised in light of
the Organization's judgment not to advance it, we can dispose of the matter
summarily by pointing out that while presenting a well-prepared submission,
the Claimant has not demonstrated any violation of the Rules by the Carrier in
effectuating an Agreement ("POPS") developed between it and the Organization
theretofore. The use of terms "historically" and "traditionally" by the
Claimant imply past practices which stood undeveloped on the record. In any
case, the burden is upon the initiator to demonstrate noncompliance with
applicable Rules -- a burden not carried by the Claimant's arguments. Under
the circumstances, this Board finds no basis to affirm the Claim and relief
sought 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
mat
the Agreement was not violated.
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- -, _ ,
Main dismissed.
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 16th day of March 1981.