NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23791
Rodney E. Dennis, Referee
(ISrotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employee
PARTIES TO DISPUTE:
(Pittsburgh and Lake Erie Railroad Company
STATEMENT OF CIAIM_: Claim of the System Committee of the Brotherhood (GL-9297)
that:
(a) Carrier violated the Clerical Rules Agreement effective September
1, 19+6, as amended, particularly Rule 1 (Scope).
(b) Carrier permitted and allowed Diesel Shop Foreman, Mr. F. C.
Rauschart, Jr. and Mr. R. Heister to perform clerical duties normally performed
and assigned to the third (3rd) trick clerk such as the making out of AM
(Morning) Report and giving the engine lineups to the Chief Dispatcher, Crew
Dispatcher and Yard Offices and other duties assigned to the clerks.
(c) The claimant Mr. J. W. Mogan be compensated for one (1) day's
pay for each of tire following dates:
July 1, 2, 3,
5,
6, 7, 8, 9, 10, 11, 12, 13,
14, 15,
16, 17, 18, 19,
20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31, 19781
August 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, 1978.
OPINION
OF BOARD: The organization filed the instant claim alleging that
Carrier had permitted Diesel Shop Foreman Rauschart and
Heister to perform work normally performed and assigned to the third
trick
clerk. The Organization requests compensation for Claimant J. W. Morgan of
46
days' pay at the pro rats sate.
Carrier, on the other hand, alleges that the work of making out the
morning report and giving engine line ups to the Chief Dispatcher, Crew
Dispatchers, and Yard Officers is not work exclusively reserved to clerks and,
further, that a
special
letter agreement of July 26p 1978, clearly covers
the work in question. It was understood by the parties that the clerks on
duty would work under the supervision of the General Foreman and in conjunction with the Assistant G
that the specific task performed by the Foreman that is challenged in this
grievance was discussed during the conferences that led to the July 26 Agreement.
It was agreed the Assistant Foreman could, if need be, perform these tasks.
This Board has carefully reviewed the record of this case and it is
the Board's opinion that the duties performed by the Carrier supervisory
personnel named in this grievance were not in violation of the Schedule Agreement
and that the claim dates specified were covered by the July 26, 1978, agreement.
Award Number 23558 Page 2
Docket Number CL-2379!
This Board finds no valid basis for this claim.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties;
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employer involved in this dispute are
respectively Carrier and Employer 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
vas not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Divir;ion
ATTEST: Acting Executive Secretary
National Railroad Adjustment Hoard
r
BY
marie Breach - Administrative Assistant
Dated at Qiicago,, Illinoispthis 10th day of March
1982. /
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