NATIONAL RAID.ROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23482
Herbert Fishgold, Referee
(Brotherhood of Railway, Airline and Steamship Clerks
PARTIES TO DISPUTE. (Freight Handlers, Express and Station Employes
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM: Qaim of the System Ccs®ittae of the Brotherhood
(GL-9220) that:
1. Company violated the agreement between the parties
eff3etive February
7, 1977,
when it installed 134 Keypunch Machines
in the Dispatchers office at New Albany,, Mississippi, and began requiring the Dispatchf·rs t
and class.
2. Company shall. now be required to compensate the Senior
Available Extra and/or Regular Employee for eight hours pay per day, seven
days per weekp at the rate of
$54.2
per day, beginning February
7, 1977.,
and continuing until the duties oaf keypunching is returned to employees
of the clerical craft and class.
OPINION OF BOARD: lurier installed a new IBM key punch machine in its
:)ispateher's Office at New Albanyp Mississippi on
February
7o 1977.
P:*ior to the installation of the IM equipment, the
Dispatchers at New Abany compiled and typed certain reports such as Sit
uation Reports, Road and Mine Switch Reports, Train Mileage Reports,
General Orders and vexious messages, and then transmitted them by me g
nafax (a machine vhioh makes an image of a typed page and, transmits this
image over telephone wires to a receivinE machine is another city). Sub
sequent to the instn:aation of the IBM key punch machine at New Alba.yy,*
the Dispatchers continued is compile the same reports and messages )at
began using the newly installed key punch machine to cut cards far the
various reports and messages that they had formerly typed and transmrt
ted by magnafax. The punched cards were then passed through a hole that
had been cut in the weal to the Agent's,.Office.. where4he ,Agent or TP ('lark
cut the stet header (information such as sender, addresseep and message
number) and made the transmission.
The Crganization claims that Carrier violated the Agreement;
between the parties when it had the Dispatchers perform the key punch
dutiesp which hid historically been assigned and performed by employee
of the clerical craft and class.
Award Number 23573 Page
2
Docket Number CL-234d2
Rule 1 (Scope Rule) of the Schedule of Wages and Rules of
November 1, 7974 is the primary provision relied upon by the Organization. It states, in relevant pa
of
the Clerical
and Telegrapher crash or class:
"(d) Work performed by employees coming within the - _
scope of this agreement on the effective date of this
rule belongs to employees covered thereby and nothing
in this agreement' shall be construed to permit the
removal of such work from the application of these
rules except as provided herein or by agreement be
tween the parties signatory hereto.
(f) Except as otherwise provided in this rule, no
officer or employee not covered by this agreement
shall be permitted to perform any work covered. by this
agreement which is not directly or immediately linked to
and an integral Iart of his regular duties, except by agreement between the parties signatory hereto
The evidence indicates that with installation of the IBM Keypunch
machine on February 7, 1977, which was the first such machine at New Albany,
the Dispatchers, instead of typing their am reports and. messages, cut cards
on the key punch machine for their reports and messages and then gave these
cards to the Agent or TP Clerk on duty who cut the stat header and transmitted the report. Thus, Ins
by magmafax, the information was my compiled and prepared in a new nay for
transmission (cutting cards on a key punch machine instead of typing them),
and Clerks now transmitted such reports and messages on the teleprocessing
maehim instead of the Dispatchers transmitting them by magnefeuc themselves.
The result of this is a more effective way of transmitting the
reports and messages that the Organization admits is Dispatchers' work.
What the Organization is challenging is the change in the method of doing
the work, which they assert is operating a bay punch machine and is work belonging exclusively to th
This Board has previously ruled that this type o2 installation
does not constitute a transfer of work. See, for example, Awards
22832,
1.1494, 3051, 2449.
We find those rulings, particularly Award
22832,
equally
applicable herein. Moreover, not only has no work of the Clerks been elia.
mated or transferred within the meaning of those Awards, but, in fact,
new work was added to the Clerks because of a new method in transmitting
the reports and messages that have been an integral part of the Dispatchers'
duties,
Award Nunb-x 23573 page
3
Docket Numb,:r
CL-234x2
Therefore, since the inat-11ation of the IBM key punch machine
constituted a change in the method )f preparing the reports and messages
by the Dispatchers, and not a transeerence of work from the Clarks, Rule 1
is not applicable and was not violated.
The -asim will be denied
FINDINGS: The 9'hird Division of the Adjustment Board, upon tke whole
record and all the evidence, finds and holds;
That the parties waived oral hearing;
That the Carrier ~tnd the Phployea involved in this dispute
are respectively Carrier and F~nployes within the meaning of the Railway
Labor Act, as approved June 21,
1934;
That this Division of the Adjustrtent Board has ,jurisdiction
over the dispute involved herein; and
That the Agreement was not violat·3d.
A W A R D
Claim denied.
NATIOAAL RAILROAD ADJUBTMM BOARD
By Order of Third Division
ATTIST- Acting Executive Secretary
National Ra:-9xoad Adjustmen- Board
By LG~J IGr'l~il~V
Marie
Breach . Administrative Assistant
Dated at Micago., Il .inois, this 10th day of March
1982.