NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25833
Robert W. McAllister, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9915) that:
1) Carrier violated the Clerks' Rules Agreement at Winnebago,
Minnesota when it abolished Extra Gang Timekeeper Position No. 29050 on
December 3, 1981 and utilized Assistant Extra Gang Foreman C. A. Ziemet to
perform the duties of Extra Gang Timekeeper Position No. 29050 from December
4, 1981 to and including December 23, 1981.
2) Carrier shall now be required to compensate Employe K. A.
Erickson an additional eight (8) hours at the pro rata rate of Extra Gang
Timekeeper Position No. 29050 for each of the dates, December 4, 7, 8, 9, 10,
11, 14, 15, 16, 17, 18, 21, 22 and 23, 1981."
OPINION OF BOARD: Prior to December 4, 1981, the Claimant occupied Extra
Gang Timekeeper Position No. 29050. Effective December 3,
1981, his position was abolished and, thereafter, until December 23, 1981,
duties of keeping time for the Extra Gang were allegedly performed by an
employe working outside the scope of the Clerk's Agreement, an Assistant Extra
Gang Foreman. The Organization contends that keeping time for the Extra Gang,
following the abolishment of the Timekeeper Position, constituted removal of a
position from under the scope of its Agreement in violation of Rule l(g),
which reads as follows:
"Positions within the scope of this agreement
belong to the employes covered thereby and
nothing in this agreement shall be construed
to permit the removal of positions from the
application of these rules, except in the manner
provided in Rule 57."
The Carrier essentially contends that work connected with recording
time for extra gang employes is not, by the terms of the Agreement, work
exclusively reserved to Clerks on a systemwide basis.
Both parties have submitted Awards involving this particular
Agreement which they argue support their contentions. Also, the Brotherhood
of Maintenance of Way Employes was invited to participate as a Third Party in
this matter, but declined to do so.
Award Number 26245 Page 2
Docket Number CL-25833
Rule 1(f) has been the subject of a considerable number of Awards of
this Division. Some of these are 12360, 12841, 14636, 18632, 19304, 19255 and
23320. These Awards hold that the use of the word "position" in the Rule is
not synonymous with the word "work" and, thus, the Rule is a general Rule not
reserving work exclusively to the Craft. Since the Rule is general in nature,
the Organization is required to show an exclusive systemwide practice of the
performance of the disputed work in order to prevail in an allegation that
work was performed by outsiders.
In the instant case, this has not been done. The record contains no
evidence as to the type and amount of work involved or the time the Assistant
Foreman devoted to its completion. Also, we have no showing as to what the
practice is. What we do have in this record is an unsupported statement that
following the abolishment of the position, the work was completed by the
Assistant Foreman. This is not adequate to establish a violation of Rule 1(f).
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 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 ever - Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1987.