NATIONAL RAILROAD ADJUS'lb"JENT BOARD
THIRD DIVISION Docket Number
CL-23241
Martin F. Schein<oan, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employer
PARTIES TO DISPUTE: (
(Norfolk and Western Railway Company
STATITZENT OF CLAIM: Claim of the System Committee of the Brotherhood
(OL-8922)
that:
1. Carrier violated the Agreement between the parties when on
January
9, 1978
the Teletype machines were removed and the work formerly
performed on those machines, by the "BE" Telegraph Operators, was assigned
to lower rated clerical vositions.
2.
Carrier further violated the agreement when Superintendent
B. J. Hoops failed to decline the portion of claim from January 10,
1978
and continuing.
3.
Carrier shall now pay the occupants of positions No.
103,
No.
241
and No.
363
the difference in the rates for four
(4)
hours January
9,
1978
and continuous thereafter.
OPINION OF BOARD: By notices dated January
6,
and January
9, 1978,
telegraph
machines located in the "BE" telegraph office were removed
Pram service and the messages of record were then assigned to the Administrative
Message Switching System on the computer. This system is operated by the
IBM
Clerks on Positions Nos.
103, 241
and
363.
Since all of these positions have a lower rate than the telegraphic
position, the Organization claimed that the occupants of Positions Nos.
103,
241
and
363
were owed the difference in the rates for four
(4)
hours per day
from January
9, 1978
and continuous thereafter.
Rule 12 (Bulletining New Position Vacancies), Rule
36
(Absorbing
Overtime), Rule
49
(Preservation of Rates), and Rule 50 (New Positions) were
all relied upon by the Organization in support of its position that Carrier
violated the Agreement when it required employer of lower rated positions to
perform the duties of higher rated positions and refused to compensate them
accordingly.
In addition, the Employer contend that Carrier violated the Agreement
by failing to properly decline the claim from January 10,
1978
onward.
Award Number 23306 Page 2
Docket Number CL-23241
We will first address the procedural argument raised by the Organisation. The crux of the Organi
B. J. Hoops's denial of the claim on July
25, 1978,
failed to specifically
decline the portion of the claim from January 10,
1978
onward. For this
reason, the Fb<ploye's asserted that Rule
38
was violated.
In Award No.
19255
this Board wen confronted by a similar claim
by an organization that a denial was improper because it did not specifically
mention that the denial covered "ell following dates until the violation is
corrected." There we concluded that a denial, similar in nature to the denial
by Superintendent Hoops, was all inclusive and had the effect of denying all
other claims presented. Specifically, we determined that the failure to
mention the words "ell following dates until the violation is corrected" does
not in any way lessen the effectiveness of the complete denial of the claim.
Nothing contained in the record convinces us that our decision is Award
No.
19255
was incorrect. Therefore, we must conclude that Superintendent
Hoops's denial of the claim meets the requirement of Rule
38.
We will next turn to the Organization's claim on the merits. We
have examined with great detail each of the work rules cited by the Organization to support its posi
reviewing the evidence presented on the property as well as the submissions
to this Board, we are persuaded that the assignment to the Claimants was
not improper. The claim must be denied.
The evidence conclusively established that under the Administrative
Methods Switching System the clerk continues to transmit information in the
same manner as done in the past. The clerk keypunches the message on the card
which is in tuna placed is a sealing device for transmission to the receiving
point where a similar device
prices
the message. In essence, the work of
transmitting sad receiving information, formerly done manually, is now accomplished by the use of po
transmits impulses to another location. Stated simply, the work involved is
not unlike the work that Claimants performed before the change. That is,
clerks routinely sent messages and poached cards when the teletype machines were
utilized. They continue to send messages and punch cards under the Administrative
Message Stritching System.
We will deny the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record cad 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 cad Employes within the meaning of the Railway Labor
Act, as approved June 21,
1934;
Award Number 23306 Page 3
Docket Nunber CL-23241
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD AWUS24ENT HOARD
By Order of Third Division
ATTEST: ~~
1?4
Dated at Chicago,, Illinois, this 29th day of May 1981.