NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26181
Robert W. McAllister, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago Union Station Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9962) that:
1. Carrier violated the effective Clerks' Agreement when, effective
September 27, 1983, it abolished a position of Telephone Operator-Information
Clerk and thereafter required and/or permitted outsiders not covered by the
Agreement to perform work reserved to employes covered thereby.
2. Carrier shall now compensate Clerk Harry Kusek for eight (8)
hours' pay at the time and one-half rate of his position of Telephone
Operator-Information Clerk for September 27, 1983, and for each and every
day thereafter that a like violation occurs."
OPINION OF BOARD: The Carrier (CUS) operates the Chicago Amtrak Terminal. It
also serves as a commuter terminal for Illinois Regional
Transit Authority (RTA) trains operating over tracks of the BN, Milwaukee, and
ICG Railroads. CUS does not actually operate any trains and owns no rolling
stock. On September 26, 1983, CUS changed the open hours of its telephone
switchboards from two shifts per day to one shift. For forty years, the
switchboard was in operation from 6:30 A.M. to 11:30 P.M. It would now be
open from 8:00 A.M. to 5:00 P.M. Callers dialing the CUS switchboard between
6:30 A.M. and 8:00 A.M. and between 5:00 P.M. and 11:30 P.M. were directed by
recorded message to call the RTA if they were seeking commuter train informa
tion. This same message had been played to callers between the hours of 11:30
P.M. and 6:30 A.M for the preceding ten or twelve years.
The Organization contends the change resulted in removal of work
from coverage of its Agreement in violation of Rules 1 and 18(f). It argues
that Rule 1 reserves such work to employes assigned under the Agreement. Rule
18 states:
"When a position is abolished, the remaining
work will be assigned to a position or positions
with rates equal to or in excess of the rate of
the position abolished."
The Organization contends this Rule requires that work of the
abolished switchboard operator position be assigned to other positions under
the Agreement.
Award Number 26506 Page 2
Docket Number CL-26181
The Carrier argues the principle purpose for having switchboard
operators' jobs was to handle Carrier's main business telephone. Because of
declines in business and employees, keeping the board open sixteen hours per
day could no longer be justified.
The organization has submitted a number of Awards that hold that it
is necessary when positions are abolished to reassign any remaining duties to
others under the Agreement. It has also submitted statements from a number of
employes indicating that at times, when working the switchboard, as much as
ninety percent of their work was answering inquiries connected with commuter
train operations. However, what is notably absent in this record is evidence
on the nature and amount of "remaining work," if any, that existed after the
abolishment which was now assigned to others outside the Agreement.
It seems the crux of the Organization's case concerns telephone
inquiries which may be received between 6:30 A.M. and 8:00 A.M. and between
5:00 P.M. and 11:30 P.M. which are now referred to RTA. For the past ten or
twelve years, telephone inquiries on commuter service was available from RTA
twenty-four hours a day. It was available when the CUS board was open and it
was available when the CUS board was closed. In fact, when the CUS switchboard was closed, a recorde
directing callers to the RTA. Now that the CUS board is open just nine hours
per day, the message directs callers to RTA phones fifteen hours a day.
Furthermore, the record does not establish the volume of calls or work
involved.
On this record, it is our opinion the Organization has not established a violation of the Agreem
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.
Award Number 26506 Page 3
Docket Number CL-26181
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest;
Nancy Nancy J ~O,fer - Executive Secretary
Dated at Chicago, Illinois, this 9th day of September 1987.