NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number QL-23251
Martin F. Scheinman, Referee
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employee
PARTIES 7u DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8923) that:
(a) The Carrier violated Rule 1 and others of the Clerical Agreement when it worked a position o
of four
(4)
or more hours for the majority of the days in a week.
(b) That the Carrier now reestablish Position C-17, Yard Clerk
and a joint check be made of the Carrier's records to determine the proper
claimant and said claimant be compensated at the pro rata rate of $57.70
retroactive to August 28, 1978, and continuing until such time the claim
is settled as presented.
OPINION OF BOARD: The Organization contends that Carrier violated the Agree
ment when it worked a position of Yard Clerk in excess of
four (4) hours a day without reestablishing this position. That is, in the
Organization's view, Carrier abolished the position of Yard Clerk, C-17 and
continued to work this shift by means of overtime and rescheduling in violation
of Rule 1(e) of the Agreement. The Organization seeks the reestablishment of
C-17 and that the resultant Claimants be compensated at the pro rata rate of
$57.70 retroactive to August 18, 1978.
Rule 1(e) states:
"Where a position is worked
4
hours or more for the majority
of the days in a week with any degree of regularity, a clerical
position shall be established in accordance with the provisions
of this agreement."
Carrier has the right to abolish a position when there is a decrease
in the volume of work to warrant it. On this there can be no dispute. For example, see Third Divisio
"We certainly find no fault in that reasoning ....However,
on numerous occasions the Board has also held that management
has the inherent right, in that absence of legal or contractual prohibitions, to abolish or rearrang
Award Number 23403 Page 2
Docket Number CL-23251
In order for this claim to prevail, it is incumbent upon the
Organization to show that the shift was worked for four (4) or more hours,
that this occurred a majority of days in a week, and that it occurred with
any degree of regularity. Absent such evidence, there is simply no basis
for determines that Carrier must reestablish this position.
While the Organization has introduced numerous contentions to
support its position, the fact remains that there are no grounds to prove
that Carrier's action was a violation of the Agreement. The requisite
proof is simply not in the record. For example, the requirement of regularity is clearly wanting. Wi
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 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 6th day of October
DEC 1 1~1
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