NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-24765
Rodney E.
Dennis,
Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9638) that:
(1) Carrier violated Clerk-Telegrapher Agreement, beginning with date
of May 27, 1980, when it caused and permitted employees not covered by said Agreement
to perform work and functions in connection with the operation of a Cathode Ray
Tube keyboard display printer device used for transmitting and/or receiving,
either or both, information or communications of record at Grafton, West Virginia,
and
(2) Because of such impropriety, Carrier shall be required to compensate
Mr. B. L. Jones, first-trick Wire Chief, Grafton, West Virginia, eight (8) hours'
pay commencing May 27, 1980, and continuing each subsequent date until the foregoing
recited violations of the Agreement cease.
OPINION OF BOARD: On May 27, 1980, Carrier implemented computerized car distribution
over its entire system. At the same time, it installed CRT
machines in all Car Utilization Superintendent Offices. One such machine was
installed in the office of the Car Utilization Superintendent at Grafton, West
Virginia. Organization contends that the Superintendent and two other noncontract
employes use the CRT display printer and, as such, are performing work incidental
to tracking railroad cars, work that was formerly performed by Claimant. Organization
considers this a violation of the Scope Rule of the Controlling Agreement and
submitted a claim on behalf of Claimant for eight hours pay for each day the
violation continues. Carrier denied the claim at each level and it has been
progressed to this Board for final adjudication.
The Carrier takes the position in this instance that no Agreement Rule
exists that would prohibit the employes in the Car Utilization Office from using
the car information that is displayed by the tube. A11 information contained in
the system is input by Clerks. The car information shown on the tube was formerly
obtained by the Wire Clerk from a Bourgus Machine in his office, put in written
form, and given to the car utilization people for their use. The new system
eliminated the need for the Wire Clerk to put the information in usable form. It
can now be obtained by just viewing the CRT screen. Carrier contends that Organization
cannot present a
convincing case
that the utilization of CRT machines is within
the exclusive province of the Clerks and no Scope violation has taken place.
Award Number 25390 Page 2
Locket Number CL-24765
This Board has carefully reviewed the record of this case and the Awards
submitted by the parties. We must conclude from this review that the Organization
has not carried its burden of proof in this instance and that the claim should be
denied. Noncontract personnel have obtained information needed for their work
from CRT displays for many years in the railroad industry. Utilization of those
machines by other than Clerks has been challenged on many occasions. The line of
decisions on this issue, however, seems to treat CRT units as labor saving devices
and generally allow the user of the information to take it off the tube. We find
no fault with that concept.
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
01
Attest
Nancy J l r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1985.