NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26177
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM "Claim of the System Committee of the Brotherhood
(GL-9961) that:
(1) Carrier violated the Clerks' Rules Agreement when it failed and
refused to compensate Computer Control Specialist W. G. Martin, St. Louis,
Missouri, for the difference in rate of pay between rate of Computer Control
Specialist and that of Computer Operations Supervisor effective January, 1983,
and continuing each month he is required to assume or assist on the duties of
Computer Operations Supervisor.
(2) Carrier's action is in violation of Rule 31 of the Agreement
between the parties.
(3) Carrier shall be required to compensate Claimant Martin as
claimed."
OPINION OF BOARD: Claim before the Board centers upon the issue of whether
the Carrier violated Rule 31 of the Agreement wherein it is
alleged that Claimant was required to perform higher rated work. Claimant is
a Computer Control Specialist and was required to perform some duties of the
Computer Operations Supervisor. As such, it is alleged that the Agreement was
violated in that Claimant performed as a Computer Operations Supervisor
assuming all responsibilities of that position while paid at a lower rate of
pay.
A complete review of the record finds no merit to the Claim at bar.
Claimant's job description clearly specifies and includes the work disputed.
Claimant is performing the work required as a Computer Control Specialist.
There is no evidence in the record that Claimant performs any duties of the
Computer Operations Supervisor which are not listed in his own job
description, nor is there any evidence of record that Claimant assumes any of
the responsibilities of the Computer Operations Supervisor.
Award Number 26034 Page 2
Docket Number CL-26177
In the view of this Board, while some functions overlap, the burden of proof
to establish that Claimant assumed the responsibilities and authority inherent
in the Supervisor position has not been met.
As such, this Board finds the Claim to be without merit. The
Claimant is fulfillng the obligations of his position assignment upon which
his rate of pay is predicated and no violation of the Agreement is supported
by any evidence of record that Claimant performed Supervisory duties not
listed in his own job description.
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
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois this 28th day of May 1986.
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