NA TIQVAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25510
Frances Penn, Referee
(Brotherhood of Railway, Airline and Steamship Clerks
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9876)
that:
1. Carrier violated the effective Clerks' Agreement when, effective
March 28, 1983, it transferred its clerical work in connection with the offices
of Division Engineer and Manager-Work Equipment from Joliet, IZIinois.to Gary,
Indiana without prior notice and Agreement;
2. Carrier shall now compensate Ms. Joan Golf, and/or her successor
or successors in interest; namely, any other employe or employes who have stood
in the status of senior furloughed employe and as such,.has been adversely
affected; for eight (8) hours' pay at the pro rata rate of Position MW-616
commencing on March 28, 1983, and continuing for each and every day thereafter,
Monday through Friday, that a like violation occurs.
OPINION OF BOARD: The Claimant is Ms. Joan Golf, a steno-clerk and/or her
successor or successors. The Carrier's Maintenance of Way
Department has offices at Gary, Indiana and Joliet, Illinois. These locations
are approximately 45 miles apart; they are in the same seniority district.
Prior to March 25, 1983 the Manager of Work Equipment was headquartered at
Joliet, Illinois. Position MW616 (Steno-Clerk) at Joliet performed steno
graphic work primarily for the Manager of Work Equipment.
Effective April 1, 1983, the headquarters of the Manager of Work
Equipment was located at Gary, Indiana. On March 17, 1983 Employes were
notified by bulletins that Position MW616 at Joliet and Position MW668 at Gary
were being abolished. The principal duties of MW616 were:
"Clerical and stenographic work in office of Division Engineer,
including Track, B&B and S&WE subdepartment records and reports.
Maintain communication center, relaying messages to and from all
field forces; and other miscellaneous clerical duties as directed.
Applicant must be proficient in taking dictation and have a minimum
net typing speed of 50 words per minute."
The duties of Position MW668 were:
"Preparation of daily work and time reports in S&WE office,
dispatching work equipment and miscellaneous clerical work."
On March 21, 1983, a bulletin was issued which gave notice that
Position MW682 (Steno Clerk) was to be established at Gary, Indiana. The
duties of this position were:
Award Number 25568 Page 2
Docket Number CL-25510
"Clerical and stenographic work in office of Division Engineer,
System, including Track, B&B and S&WE records and reports; and other
miscellaneous clerical duties as directed. Applicant must be
proficient in taking dictation and have a minimum net typing speed of
50 words per minute."
The Organization contends that when the Carrier abolished Position
MW616 and established Position MW682, it transferred work from Gary to Joliet.
The organization argues that because no notice was given by the Carrier of its
intent and because the Carrier did not request a conference to negotiate an
agreement, the Carrier violated Rule 5 of the Agreement. Rule 5 states in
part
"It is agreed that positions and/or work within a given seniority
district cannot be transferred to another seniority district unless
by prior agreement between the Carrier and the General Chairman.
"When positions or work in one office or department located in one
city are to be transferred to another office or department in another
city in the same seniority district, conferences will be held at
least ninety (90) days in advance with the General chairman prior to
the transfer for the purpose of endeavoring to negotiate an agreement
to cover, so that employees affected may be given proper consideration."
The Organization cites other instances in which the Carrier gave notice and
entered into agreements pursuant to Rule 5 when transfers of work or positions
from one city to another within the same seniority district were made by the
Carrier.
The Carrier sets forth a number of different contentions relating to
the merits of the Claim and the way it was handled procedurally to persuade
this Board to deny the Organization's claim. The Carrier argues that the
February 7, 1965, National Job Stabilization Agreement as amended permits
unilateral transfer of work within the same seniority district, under Article
I, Section's 3 and 5.
Article I, Section 3 states:
"In the event of a decline in a carrier's business... a reduction in
forces in the crafts represented by each of the organizations
signatory hereto may be made at any time during the said 30-day
period below the number of employees entitled to preservation of
employment under this Agreement..."
The Carrier contends that MW616 was not transferred, but was
abolished for business reasons and that therefore the Carrier was not contractually obligated to kee
MW682 was assigned the work which remained after the abolishment of MW616 and
MW668.
Award Number 25568 Page 3
Docket Number CL-25510
A review of the entire record convinces this Board that the pertinent
question is whether or not the Carrier transferred the work of abolished
Position MW616. It is the well-established principle set forth in numerous
Awards that the moving party has the burden of proving all the essential
elements of its case. (See, for example, Awards 20026 and 20147). In this
case the organization has not met this burden. The Organization has failed to
produce any substantial evidence to show that the work of Position MW616 was
transferred by the Carrier. The Ckganization asserts that the Carrier
transferred the work to Gary but this assertion is not backed by evidence which
proves to this Board that it is true. Therefore, the claim must be denied.
The Board finds the applicable Rules were not violated by the Carrier.
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 BCARD
By Order of Third Division
Attest: ,
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of July 1985.