NATIONAL RAILROAD ADUUSTMENT BOARD
THIRD DIVISION Docket Number CL-24997
Edward L. Suntrup, Referee
(Brotherhood of Railway, Airline and Steamship Clerks, Freight
( Handlers, Express and Station Onployes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9736)
that:
(a) Carrier violated the Agreement at McPherson, Kansas, when it
requires or permits an official (Manager-Regional Freight Office) to perform
duties which were assigned to and an integral part of the duties of Agent T. O.
Clerk Position No. 4006 at McPherson, Kansas, prior to that position being
abolished, and
(b) The duties of Agent T. 0. Clerk Position 4006, which are now
being performed by an employe not covered by the Agreement (Manager-Regional
Freight Office) shall be restored to the Agreement, and
(c) F. E. Stewart shall now be compensated eight (8) hours pro rata
at the rate of former Position No. 4006 (plus subsequent wage increases) for
each workday of that position, commencing Monday, January 18, 1982, and continuing
until the cork that was removed from the scope of the Agreement is restored
thereto and the violation ceased.
OPINION OF BOARD: By letter dated March 15, 1982 the Organization filed a pay
claim on behalf of Claimant F. E. Stewart. The claim alleged
that when the Carrier abolished Agent T. 0. Position No. 4006 at McPherson,
Kansas on January 18, 1982, a position covered by the current Agreement between
the Organization and the Carrier, the Carrier then assigned duties which were
an integral part of position No. 4006 to a newly created official position at
that facility in lieu of assigning this work to other positions covered by the
Agreement. The alleged duties in question consisted in "supervising and
dircting the Carrier's agency business and functions", as well as "supervising
and directing the other employees" at McPherson, Kansas.
The Carrier's denial of the claim on property was based on the following
reasons. Agent T. 0. Clerk Position 4006 at McPherson had been abolished because
McPherson, Great Bend and Abilene, Kansas were designated by the Carrier, in a
technological upgrading move, as Regional Freight Offices. Since such was the
case the equipment at these three points was upgraded and circuits for computer
operations were installed at all of them in order to implement OX waybilling at
these stations for approximately nineteen (19) surrounding stations. Because
of the large investment of equipment and money at the stations in question,
including McPherson, the Carrier exercised its managerial prerogative and located
a supervisory employee at each. It is the further contention of the Carrier
that all scheduled clerical work formerly performed by the Agent was reassigned
and "given to newly established scheduled clerical positions of Regional Freight
Office - Train Order Clerk, which were established the same date that the
supervisory agent positions were established. Thus, there has been no loss in
clerical positions or work at these respective agencies", including McPherson.
Award Number 25125
Locket Number CL-24997
Page 2
As moving party it is encumbent upon the Organization to make substantial
showing that the Carrier was in violation of current Agreement provisions when
it implemented the managerial decisions described in the foregoing. A search
of the record fails to show such violation. No clerical work formerly performed
by the Claimant was lost, or at least there is no record of such in the evidence
before the Board, and the Claimant himself suffered no monetary loss since he
was paid a monthly make-up allowance under the provisions of the February 7,
1965 Mediation Agreement as amended between the parties. What did happen is
that the Carrier made technological and operational changes at its McPherson
facility which necessitated the abolishment of Agent T. O. Position No. 4006 and
the concurrent creation of a Managerial Position and Train Order Clerk positions.
The Organization herein relies on the Scope Rule of the Agreement to
sustain the position of the Claimant in the instant dispute. As this Board has
already ruled, however, in a dispute between the same Organization and the same
Carrier which is substantially identical to the instant one, "accepted doctrine
in this industry indicates that when an Agreement applied to Carrier's operations
on a system-wide basis, the particular practice upon which claim is made must
be system-wide" (Third Division 25003). A search of the record fails to provide
substantial evidence to support such practice.
Neither the facts in this case nor the Agreement provide support for
the Claimant's position that the work in question has ever been~reserved exclusively
to the Organization on a system-wide basis (Public Law Board 3296; Public Law
Board 3696).
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.
Nancy J_~ver Executive Je-cretary
Dated at Chicago, Illinois this 9th day of November 1984.
NATIONAL RAILROAD ADJUSTMENTj~RD?.~
By Order of Third Divisio~V
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