NATIONAL RAILRQAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-237d+
Rodney E. Dennis, Referee
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPVJE:
The Railroad Perishable Inspection Agency
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9270)
that:
1. Agency violated the Rules Agreement, especially Rules 1 and
13 and various others when it abolished the position of Stenographer at Grand
Rapids, Michigan, and had work done by other employes, Inspectors and
Supervisors.
2. The Company shall now be require' to reinstate Ms. Betty Siegel
with all rights unimpaired and repay her all monies due at a rate of 1,182.74
per month, including 18% interest each and every month from December 29, 1978
and continuing until this dispute is settled.
OPINION OF BOARD: Claimant Betty Siegel was employed by Carrier as a
Stenographer and was assigned as such at Grand Rapids,
Michigan. By notice dated December 21, 1978, she was notified that her position
was abolished "effective close of business December 29, 1978." Claimant had
sufficient seniority to permit her to displace a Stenographer in a position at
Detroit, Michigan. She elected, however, to take furlough at Grand Rapids.
The claim that is the subject of this: dispute alleges that Carrier
violated Rules No. 1 (Scope) and 13(b) (Rates of Pay) when it abolished Claimant's
position .;t Grand Rapids and assigned the remaining duties to other employee.
Numerous awards of this Board have held that Carrier has the prerogative
to determine when, where, and by whom work will be performed. Unless prohibited
by the negotiated agreements, it has the right to rearrange existing work
assignments, including the abolishment of unneeded positions.
In this dispute, we have not been directed to any rule or agreement
that restricts this Carrier from taking the action it did. Neither have we
been provided with any probative evidence that any work properly assignable to
an employe covered by the applicable scope rule has been assigned to anyone
not covered by the scope rule.
In short, we cannot find in this record any evidence of a violation
of any rule of the agreement. This claim must be, and is, denied.
Award Number 23551 Page 2
Docket Number CL-23104
FINDINGS: The Third Division of the Adjustment Board, upon .he whole record
and all the evidence, finds and hold;:
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.
NATIOKIL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Acting bppoutiye
Secretary
National Railroad Adjustment Board
BY
emarie Breach - Administrative Assistant
Dated at Chicago, Illinois this 10th day of March
1982.
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