NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 25693
THIRD DIVISION Docket Number TD-25412
Eckehard Muessig, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
"The Burlington Northern Railroad Co. ('Carrier') violated its
(former St. Louis-San Francisco Railway Co.) Train Dispatchers' schedule
working conditions Agreement, including Articles 1(b) 2 and 1(c) thereof,
when, beginning at or about 7:30a.m. July 6, 1982 it permitted and/or required
employees not covered by said Agreement to perform work exclusively reserved
to Train Dispatchers, i.e. the keeping of necessary records incident and
related to the primary responsibility for the movement of trains by train
orders (or otherwise) from and/or to Springfield, MO on
"1. the 17th Subdivision train dispatching territory assigned to
first shift Trick train dispatcher Position 1123, and
"2. the 16th Subdivision train dispatching territory assigned to
first shift Trick train dispatcher Position 1/26, and
"3. the combined 17th and 16th Subdivisions train dispatching
territories assigned to second shift Trick train dispatcher Position 1I24, and
"4. the combined 17th and 16th Subdivisions train dispatching
territories assigned to third shift Trick train dispatcher Position 1125."
OPINION OF BOARD: This Claim involves the Scope Rule (Article 1) of the
parties' Agreement. It arose after the Carrier, as part
of its implementation of a computerized dispatching system, installed
Operation Reporting System (ORS) machines in various offices throughout the
Springfield Region. There is one central dispatching office for the region,
and it is located at Springfield, Missouri. The dispute was triggered in July
1982 when the Carrier installed an ORS machine in the Springfield office.
Prior to the installation of the ORS machine, employees (operators)
not covered by the Scope Rule collected data (e.g., engine and caboose
numbers, names of crew members, total number of train cars) and, by telephone,
conveyed this information to the Trick Train Dispatcher at the Springfield
office. The Trick Dispatcher would then record this data on train sheets or
enter it into the computer system through a cathode ray tube (CRT) terminal
device. After the ORS equipment was installed at Springfield, operators,
instead of telephoning the data to the Trick Dispatcher, keyed the data into
the ORS machine, directly accessing the computer in Springfield. This data
and other data automatically collected by the computer from wayside detecting
devices, then permitted the generation of a train sheet which is available for
visible call-up and/or printing at the discretion of the Dispatcher. The
Dispatcher also has the capability to make changes of the data in the
computer.
Award Number 25693 Page 2
Docket Number TD-25412
Basic to the Organization's Claim is its assertion that by custom,
history and practice, Train Dispatchers always have maintained the train sheet
and that the issue here cannot be decided without also taking into account the
character of the work belonging to the Train Dispatchers.
Accordingly, with respect to this Claim, the Organization contends
that the respective Train Dispatchers were deprived of the work of entering
and maintaining the train data and/or information into the Carrier's records,
whether onto the train sheet itself, into the ORS, or otherwise. Thus, it
essentially argues that before the changes that led to this Claim, no one but
Train Dispatchers prepared the train sheet and maintained the entry of information thereon, except f
devices.
In the case at hand, the Carrier merely has eliminated an intermediate step in the process of pr
is no longer telephoned to the Train Dispatcher, but rather it is transmitted
directly to the computer. In effect, the operator who previously phoned the
data to the Dispatcher performs no different function than in the past, in
that he still gathers information identical to that which he previously
gathered and transmits it for use by the Train Dispatcher. The method of
transmitting information which is to be entered on the train sheet is all that
is at issue here, not the maintenance of the train sheet. Accordingly, when
the process is examined with respect to a Scope Claim, it cannot be said or
shown that exclusive Train Dispatcher's work has been transferred to these
operators. We concur with numerous earlier Awards which have held that the
installation of machines, such as here, does not constitute a Scope Rule
violation, when work is not transferred.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
That the Carrier and 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 25693 Page 3
Docket Number TD-25412
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D r - Executive ecretary
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'$0~6
Dated at Chicago, Illinois, this 14th day of
November
1985.