NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26027
Martin F. Scheinman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9932) that:
1. On December 27, 1982, Carrier violated the terms of the Master
Agreement, particularly, but not limited to, Rule 1 (Scope) as amended, when
it required an employe of another craft to clean windows in five (5) cabooses
at Elmore, West Virginia.
2. Carrier shall now be required to compensate Cab Supplyman J. R.
Tilley one (1) day's pay at the time and one-half rate of pay for December 27,
1982, account cleaning of caboose windows at Elmore, West Virginia is customarily and regularly perf
OPINION OF BOARD: The relevant facts of this Claim are not in dispute. On
December 27, 1982, Carrier assigned an employe of another
craft to clean windows in five cabooses at its Shop in Elmore, West Virginia.
As a result, the Organization filed this Claim, contending that Claimant
should receive one day's pay at the punitive rate.
Carrier timely rejected the Claim. Thereafter, it was handled in
the usual manner on the property. It is now before this Board for adjudication.
The Organization maintains that Carrier's actions violated the Scope
Rule of the Agreement. It insists that this work has been traditionally and
customarily performed by clerical employes at Elmore for the last 25 years.
In addition, the organization insists that the Scope Rule is not
general in nature. Thus, it submits that it need not establish "exclusivity"
of the work in question. Therefore, it asks that the Claim be sustained as
presented.
Carrier, on the other hand, maintains that it properly "shopped" the
five cabooses. It insists the cleaning of windows is not work exclusively
performed by members of the complaining craft. Therefore, Carrier argues, the
Claim should be rejected on this basis alone.
The key issue in this dispute centers on whether the organization is
required to establish exclusivity to the work in dispute. After careful
review of the record, the Board is convinced that for the Organization to
prevail, such exclusivity must be demonstrated. Rule 1 states in part:
Award Number 26317 Page 2
Docket Number CL-26027
"Positions or work within the scope of this
Rule 1 belong to the employees covered thereby
....
In interpreting this provision, this Board held that the inclusions
of the term "positions and/or work" cannot mean more than was previously meant
prior to inauguration of the specific Scope Rule. See Third Division Award
No. 22894.
Here, cleaning windows was performed by both Cab Supplymen as well
as Motive Power Department Laborers. As such, the Organization has not demonstrated that its members
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:
4~4ftz- 4Ate-,
Nancy J. Forer - Executive Secretary
Dated at Chicago, Illinois, this 13th day of May 1987.