NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23159
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPVfE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CIAai: Claim of the System Committee of the Brotherhood
(GL-8886) that:
1. Carrier violated the effective Clerks' Agreement when, on or
about April 19, 1978, it removed work from the scope of the Agreement which
had previously been performed exclusively by clerical employes, and gave
such work to employes of another company not covered by the Agreement;
2. Carrier shall now compensate the senior unassigned and/or
furloughed employe and/or their successor or successors in interest for
eight (8) hours' pay at the p=o rata rate of a Combination Clerk position,
commencing with the first turn on April 19, 1978, and continuing each and
every turn thereafter, three turns per day, seven days per week that a like
violation occurs.
OPINION OF BOARD: Carrier owns extensive rail and yard coal facilities at
Conneaut, Ohio. Coal is brought to these facilities by
rail on Carrier's line where the coal is dumped into storage areas and later
loaded into lake ships for delivery to customers. The dumping and loading
proces's is essentially a stevedoring operation which carrier has subcontracted
to Pittsburgh and Conneaut Dock Company, herein called Dock Company. Dock
Company's employes are not covered under the Clerks' Agreement with Carrier.
Before the events giving rise to this dispute, reports of cars
unloaded were made by Dock Company employes who wrote the appropriate entries
on forms known as dump sheets. A Carrier employe would then come to the
premises occupied by Dock Company to pick up copies of the dump sheets and
Carrier's employes would then enter the necessary data into Carrier's
computer system. Carrier's work in this regard was performed by its clerical
employes covered under the Agreement.
On or about April 19, 1978 Carrier installed an electronic dataprocessing device in the control towe
was tied in electronically to Carrier's main computer system. The data
formerly entered on the dump sheets were now entered into the data-processing
device and automatically fed into Carrier's computer system. Carrier's clerks
no longer had to make the entries into the Carrier computer system.
Award Number 23458
Docket Number CZ-._3159 Page 2
Organization complains of this loss of work. Its position,
succinctly stated, is that the Scope Rule of its Agreement with Carrier
reserves to covered employes all.clerical work coming within the scope of the
Agreement, that the work here involved falls within that scope, that it has
been historically performed exclusively by clerical employes and may not,
without prior agreement, be removed from such employes and assigned to others.
Carrier's initial defense, procedural in nature, is that the claims
herein must be dismissed because Claimants are unidentified and not readily
ascertainable. Substantively, Carrier asserts that the work in dispute was
not transferred to others but merely eliminated, hence, not subject to the
Scope Rule. Alternatively, Carrier argues that the claims are, in any event,
excessive, because there was no reduction in Carrier's work force or loss of
earnings resulting from the change in procedures with the consequence that
any compensation to claimants would constitute a penalty payment unauthorized
by the Agreement.
Carrier's procedural defense that the claim herein must be dismissed
because the Claimants are unidentified and not readily ascertainable is
jurisdictional in nature and must be disposed of at the outset.
The "Statement of Claim" does not name the Claimants but, instead,
describes Claimants as the "senior unassigned and/or furloughed employe and/or
their successor or successors in interest." Rule 21(a) of the Agreement, upon
which Carrier relies, provides, in relevant part:
"(1) All claims or grievances must be presented in writing
by or in behalf of the employee involved ...."
Provisions of this kind have not been uniformly construed but, as Carrier
concedes, the cardinal rule which seems to prevail is that the Claimant or
Claimants must be named or must be readily or clearly identifiable. We
concur with this formulation. See Awards 10379 (Dolnick); 10871 (Hall);
9205 (Stone); 10126 (Rock). Carrier correctly contends that this formulation
does not give carte blanche to vague or imprecise identifications of a Claimant
or Claimants. Nor is a Carrier obliged in such a situation to search its
records to develop a claim for the employes. However, as the cited awards
demonstrate, as long as the parties can readily ascertain, from the identification furnished, the in
filed, the purpose and intent of Rule 21 or like provisions are satisfied.
In the instant case the reference to the senior unassigned and/or furloughed
employe is quite specific and the name of the Claimant can be expeditiously
determined from records which Carrier maintains. Carrier's procedural defense
of inadequate specificity in the identification of Claimants is rejected.
On the substantive side Carrier persists in its defense that the
installation and utilization of the data-processing device on the control tower
operated by the Dock Company transferred no work from Carrier to Dock Company.
Dock Company always had the responsibility, among others, to advise Carrier
of the specific coal cars from which coal was dumped and the date and time of
Award Number 23458
Docket Number CL-23159 Page 3
such dumping. Originally, this information was furnished to Carrier in the
form of dump sheets on which the pertinent information was pencilled in. Now
Dock Company employes furnish the same information electronically. There
was simply a change in the method of furnishing the information which the
Dock Company had always been obligated to furnish.
To be sure, the utilization of the data-processing device by Dock
Company, because it was tied in to Carrier's main computer system, obviated
the need for Carrier's employes to enter the information; previously obtained
from the dump sheets, into Carrier's computer system. Ample authority, with
which we concur, establishes the proposition that a Carrier has the right
to eliminate an intermediate step in the transmission, receipt and processing
of information, and where, as here, there has been such an elimination, it
does not constitute a transfer of work. See Awards 11494 (Moore); 12497
(Wolf); 13215 (Coburn); 14589 (Lynch). We find Organization's effort to
distinguish these cases unavailing.
Indeed, what occurred in the instant case was no more than the
normal consequence of the installation of a labor-saving technique or device.
Again, ample authority supports the proposition that installation of a laborsaving technique or <
Rule. Awards 3051 (Carter); 931.3 (Johnson); 9333 (Weston); 19701 (O'Brien);
1641 (Sheridan). We agree, and find, that these authorities are applicable
here.
We conclude for the foregoing reasons that no breach of the Scope
Rule occurred and no violation of the Agreement has been established. This
holding makes it unnecessary to pass on other issues raised by the parties.
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.
Award Number
23458
Docket Number
C·-23159
NATIONAL RAILROAD AWV$TMENT BOARD
By Order of Third Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this
8th
day of December
1981.