NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24411
Herbert L. Marx, Jr., Referee
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad Company
STATEMENT OF CLAIM: (1) Company violated the agreement between the parties
when on May.
17, 1976,
it abolished Position No.
57
in the
office of Company's Regional Manager of Caller's Office at Centralia, Illinois.
(2) Shall the Company now compensate Clerk B. J. Uhls at the daily
rate of pay of
52.68,
in addition to any other compensation received, for a
period of May
17, 1976,
to October
20, 1976,
for each Monday thru Friday of the
above period, a total of
112
working days, due to violating Rule 1 of the
Agreement.
OPINION OF BOARD: Claimant held a clerical position in the Regional Manager
of Caller's office at Centralia, Illinois until May 14,
1976,
at which time the Carrier abolished the position.
The Claimant argues that this was in violation of Rule 1 (Scope Rule)
of the Agreement between BRAC and the Carrier and which reads in pertinent part
as follows:
"RULE 1 SCOPE
(a) These rules shall govern the positions, hours of service,
working conditions, and rates of pay of all of the following
employees engaged in the work of the Clerical and Telegrapher
craft or class represented by the Brotherhood:
(d) Work performed by employees coming within the scope of
this agreement on the effective date of this rule belongs to
the 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 between the parties signatory hereto.
(e) When a position covered by this agreement is abolished,
the work assigned to same which remains to b2 reassigned in
accordance with the following;
(1) To position or positions covered by this agreement when
such position or positions remain in existence at the location
where the work of the abolished position is to be performed.
(2)
In the event no position under this agreement exists at
the location where the work of the abolished position or
Award Number
24466
Page 2
Docket Number MS-24+11
positions is to be performed, then it may be performed by
a supervisory employee whose duties encompass supervision of
employees covered by this agreement, provided that less than
four hours' work per day of the abolished position or
positions remains to be performed; and further provided that
such work is incident to the duties of such supervisory
employee. This provision shall not apply to work assigned
to employees covered by the former Telegraphers' Agreements;
such work to be reassigned to other employees covered by this
agreement.
(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 part of his
regular duties, except by agreement between the parties
signatory hareto."
The Claimant's principal allegation is that a portion of the work of
the abolished position was performed by the Regional Manager of Callers. However,
the Claimant's submission offers no proof of this. Further, the Carrier states
without contradiction that such work as remained was performed as needed on a
part-time basis by an extra clerk. The Claimant has not supported his allegation
with a degree of proof to convince the Board that his position has merit. See
Third Division Award Nos. 20290, 20166 and 20620.
Award No. 20568, cited by the Claimant, would be on point only if
evidence had shown performance of the remaining work by other than an employe
covered by the Scope Rule. Such is not the case here.
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.
Award Number
24466
Page
3
Docket Number MS-24411
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
y
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of July
1983.
I i