NATIONAL RAILROAD ADJUSMNT BOARD
THIRD DIVISION Docket Number
CL-23985
(Brotherhood of Railway, Airline and Steamship Clerks,
PARTIES TO DISPUTE; Freight Handlers, bxpress and Station Enployes
(Elgin, Joliet and Eastern Railway Company
STATEKENT OF MAW: Claim of the System CoMmittee of the Brotherhood
(aL-9434) that:
I. The Carrier violated the Clerks' Agreement vhen on February
8,
the scope of
14P 15
and it
~ u
nd/or
permitted an employe not covered by
governing Agreement perform work covered by the scope
thereof. The now be required to compensate Clerk Anton J.
Berta for eight hours pay at the pro rata rate of the position of Crew
Dispatcher for February 8, 14 and
15,
1980 respectively, and for eight (8)
pay at the ~ of time and one-half of the position of Crew Dispatcher
for February
22, 1 .
OPINION OF BOARD: Claimant contends the Carrier deprived him of work vhich
is reserved to Crew Dispatchers under the Scope Rule
(Rule 1) when the Carrier permitted the train dispatcher to compile and dis
sami°ate data cones the lineup of incoming trains on February 8, 14,
15 and 22, 1980. The crew dispatcher obtains the necessary data from the
train dispItcher, converts the information into a specified form report and
that
then ., on the report to designated employee. The Organisation argues
' arty,
the work is exclusively reserved to clerical employee
assigned as crew dispatchers on the basis of a long standing historical
practice and because the carrier's "Crew Dispatcher's Manual" assigns the
duties to crew dispatchers. In the manual, crew dispatchers are instructed
to Prepare and distribute an inbound train line-up at four-hour intervals
each day' The Carrier concedes that the train dispatcher performed the work
on the dates in question but raises three major defenses. First, the Carrier
claims the train dispatcher can efficiently and expeditiously compile the
line-up since he is the source of the information contained in the report.
is incidental
According
to to
the train dispatcher's preparation and distribution of the report
spatcha' s primary duties. Second, the Car-
rier alleges that the practice of using crew dispatchers to preps the
1~ bpbeeame obsolete
in
1973 vhen the train dispatcher moved into the
building occupied by the crew dispatcher. The Carrier, therefore,
asserts that the current claim is barred by Inches and estoppel because
Avard Number
23485
page
2
Docket Number
CL-23985
the Employes should haw raised the claim in
1973.
Lastly, the Carrier urges
us to deny the claim because the claimant has failed to prove that the broad
Scope Clause covers this particular work. Furthermore, the Carrier states
that the Crew Dispatcher's Manual is irrelevant since it vas unilaterally
issued and not the product of collective bargaining.
On this property, the record presented to us clearly shows that
employes in the position of crew dispatcher have historically and exclusively
performed the task of preparing and delivering the report on incoming trains.
Once this exclusivity is obtained, the Scope Rule protects the activity, and
the work cannot be removed except through collective negotiations. Third
Division Awards No.
20839
(Fen); and No.
21382
(Lieberman).
None of the Carrier's defenses are applicable. First, clerical
work often involves the compilation and distribution of information. It is a
vital function which in this case has been reserved to the crew dispatchers.
Though the train dispatcher now 'works in close proximity to the crew dispatcher,
the location of the employes' Workplace does not automatically reduce the established duties of the
the train dispatcher has been regularly assigned to prepare the line-ups.
Evan if such an assignment had occurred, it would be in direct conflict with
both the exclusivity concept and the Carrier's own manual. Lastly, as we
stated before, the Organisation teas proffered sufficient evidence demonstrating that the work is ex
Rule on this property is specific, enough to encompass this work. Thus, the
Carrier improperly deprived the claimant of work on February
8, 14, 15
and 22,
1980.
Under the circumstances, the claimant is entitled to receive two
hours of pay at the rate of time and one-half for each of the four days set
forth in the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties valved oral hearing;
Tint the Carrier and the Employer involved in this dispute
are respectively Carrier and FAnployes within the meaning
of
the Railway
Labor Act, as approved June 21,
3.934;
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
Award Number
234$5
page
3
Docket Number
CL-23985
That the Agreement was violated.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
cative Secretary
Dated at Chicago, Illinois., this 8th day of January
1982.
I -~J.lii
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1.