NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-24777
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and Steamship Clerks
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9637) that:
1. Carrier violated the effective Clerks' Agreement when on specified
dates in June, July and August 1980, it required and/or permitted employes not
covered by the scope of the Agreement to perform clerical work on an unassigned
day, at Saxonburg, Pa.
2. Carrier shall now compensate the senior available unassigned employe
for eight hours' pay at the pro rata rate of the position of Clerk-Saxonburg for
each of dates June 9, 16, 23, July 24, 28, August 4, 18 and 25, 1980.
OPINION OF BOARD: In May of 1980, Carrier and the Organization changed the work
week at Saxonburg,
Pennsylvania, for
Clerks from a three
shift/seven day operation to a three shift/five-day operation, Tuesday through
Saturday. On numerous Mondays in June, July, and August 1980, trains arrived at
Saxonburg and information pertaining to those train arrivals was transmitted by
telephone by the Yardmaster to the HF office at Greenville,
Pennsylvania. The
Organization contends that if the Carrier had not modified the work week, a Clerk
would have transmitted the information transmitted by the Yardmaster. It further
contends that Carrier violated the Scope Rule of the Controlling Agreement by
allowing the Yardmaster to transmit information normally transmitted by a Clerk.
Organization requests eight hours' pay for the senior available unassigned Clerk
on each day cited in the claim.
Carrier contends that the information transmitted by the Yardmaster at
Saxonburg was solicited by the Clerk in the HF office, not gathered and called in
by the Yardmaster. It also argues that even if the claim had merit, it is excessive,
since the work would have been performed on a call basis.
This Board has carefully reviewed the record of this case and based on
the fact that the Clerk at the HF office called the Yardmaster to obtain the
disputed information, we shall deny this claim.
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;
Award Number 25392 Page 2
Locket Number CL-24777
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
Z.0'
By Order of Third Division
Attest
Nancy J. Lfey*ff - Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1985.