NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26706
Edward L. Suntrup, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10043) that:
1. Carrier violated the effective Clerks' Agreement when on August
28, 29, October 1 and 2, 1984, it required Stenographer Clerk Florence Wilms
to perform the duties of the former Assistant Bookkeeper position, a higher
rated position than her own, without payment of such higher rate;
2. Carrier shall now compensate Ms. Wilms for the difference between
the rate of pay of her position and that of the former Assistant Bookkeeper
position for each of the above dates."
OPINION OF BOARD: On October 25, 1984, a Claim was filed on the grounds that
the incumbent holding the Stenographer-Clerk Position No.
554 was "...observed..." doing the work of the former Assistant Bookkeeper
Position No. 502 on the dates of August 28 and 29, 1984. The latter position
had been abolished by the Carrier effective April 6, 1984, because "...insuf
ficient work requirements remained to justify and maintain" both Positions 502
and 500. The latter is that of General Bookkeeper. The former duties of Posi
tion 502 were rolled into that of Position 500, into various clerical posi
tions, or were eliminated because of automation. It is the Claim in this case
that the duties performed by the Stenographer-Clerk on the dates at bar really
belonged to Position 500, after the realignment of duties following the abo
lishment of Position 502, and that the Claimant should be paid the difference
between the rate of Position 554 and 502 for the hours in question. What was
the work done by the Claimant on August 28 and 29, 1984? The Claim stated
that it was "...detailed work on Exhibit D in preparation (for) the (monthly)
financial statement." In correspondence on property, the Carrier's officer
designated the work as "...copy work and filling in data on monthly exhibit
sheets." The Organization has not taken exception to this description of the
work.
When Position 502 had been abolished the Carrier wrote to the Organization's General Chairman th
clerical positions in the Accounting Office. These duties included "...copy
work, mailing bills and reports, filling in data on various monthly exhibit
sheets and other such incidental duties." From the evidence of record it appears that this is the ty
Award Number 26715 Page 2
Docket Number CL-26706
and 29, 1984, and as such these duties belonged, therefore, to her and/or
other such positions and not to Position No. 500.
The instant Claim is substantively similar to those filed by the
Organization before Public Law Board No. 3841, Cases 1 and 3. The conclusion
of the National Railroad Adjustment Board in this case parallels that of that
Public Law Board when it issued Awards 1 and 3. The evidence of record here,
as in those cases, fails to warrant the conclusion that the duties performed
were other than clerical duties.
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. D - Executive Secretary
Dated at Chicago, Illinois this 23rd day of November 1987.