NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23982
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9432)
that:
1. Carrier violated the terms of the effective agreement between
the parties, particularly Rules 1,
14,
and 36, beginning September 10, 1979 and
continuing thereafter, when it required Clerk B. W. Swan, Chicago, Terminal to
suspend work on his regular position to perform other work under conditions which
were prohibitive in accordance with existing understanding, and;
2. Carrier shall compensate Clerk B. W. Swan for eight
(8)
hours pay
for September 10, 1979. and each subsequent date such violation occurs, or until
such violation is corrected.
OPINION OF BOARD: Claimant herein was regularly assigned to the position of
Stowman/Clerk at Carrier's Landers Yard, Chicago, Illinois.
The advertised duties of this position consisted of:
"Cleaning cars, laborer duties, Janitorial duties, provide
relief at Landers TOFC, tying down trailers and other
related duties."
Beginning on or about Sept. 10, 1979 and continuing into the early
part of November 1979, Claimant was utilized, during his regular tour of duty, to
pick up spare brake shoes and other miscellaneous scrap material in lenders Yard,
resulting in the Claim herein.
Petitioner has argued vigorously that Rules 1 - Scope,
14 - Filling
Temporary Vacancies and
36
- Absorbing Overtime, supports its position. Carrier,
on the other hand, has argued that Rule
36
was not cited during the handling on
the property and furthermore Claimant performed only work during his regular tour
of duty which was included in his advertised duties.
The Board has carefully considered all of the arguments, contentions and
citations advanced by the parties in this dispute. From the entire record we
are unable to find support for Petitioner's contentions. The record indicates
that Claimant performed only the general type of work which is contemplated by
his job description. There is no support for the Claim in the cited Rules and
it must be denied.
Award Number 24203
Docket Number CL-23982
Page 2
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.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of March 1983.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Third Division
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