Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26815
THIRD DIVISION Docket No. CL-25652
88-3
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9844) that:
1. Carrier violated and continues to violate the effective Clerks'
Agreement when, on or about July 1, 1982 and thereafter, it required and/or
permitted employes not covered thereby to perform work in connection with the
preparation of car repair records which is reserved to clerical employes;
2. Carrier shall now compensate the senior available furloughed
employe eight (8) hours' pay at the pro rata rate of the position of AAR
Billing Clerk commencing sixty days prior to September 3, 1982, and continuing
for each and every day thereafter that a like violation occurs, and shall
further reestablish an AAR Billing clerk position at Greenville, PA."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
As Third Party in interest, the Brotherhood Railway Carmen of the
United States and Canada was advised of the pendency of this dispute, but
chose not to file a Submission with the Division.
On September 3, 1982, the organization filed what is characterized
as a continuing claim charging that beginning on July 1, 1982, the Carrier
transferred clerical work to Carmen. While it denied assigning Carmen any
work reserved exclusively to employees covered by the scope of the Agreement,
the Carrier acknowledged that it changed the forms and process for reporting
foreign car repair information, but the new system was instituted on May 1,
1982.
Form 1 Award No. 26815
Page 2 Docket No. CL-25652
88-3
Before the change, a Car Inspector or Car Repairman completed the
Original Record of Repairs, a form with a printed list of commonly performed
car repairs. The Car Department employee entered basic data identifying the
foreign car which was repaired in the Carrier's Shop and he marked the type of
repairs made as well as parts applied to the car. The Carman next forwarded
the Original Record of Repairs to an ARR Billing Clerk who issued the information to complete Form N
Original Record of Repairs, into codes for quicker processing by a Keypunch
Operator. The Operator was responsible for inputting the coded car repair
data into a computer which generated a bill to send to the foreign line.
In either May or July of 1982, the Carrier substituted Form SCD-26
(titled "Billing Repair Card") for the Original Record of Repairs. It eliminated Form No. 23-002C. O
information, but in a coded format instead of marking a printed list of repairs. The new form was th
A careful review of the record reveals that the change in reporting
and processing foreign car repair information resulted in the elimination of
transcription work formerly performed by the AAR Billing Clerk. Prior to
the modification, the AAR Billing Clerk merely converted the raw data furnished by a Carman into a c
Clerk did not add any substantive information to the data already provided on
the Original Record of Repairs. The introduction of Form SCD-26 rendered it
unnecessary for the AAR Clerk to transpose data since the same data always
supplied by a Carman was now in form acceptable for the Keypunch Operator.
The change in forms did not result in the accrual of additional work to Car
Repairmen. They continued to report the same car repair data on a single
form. Thus, the Carrier simply eliminated a duplicative, intermediate step in
the processing of foreign car repair information. See Third Division Award
23458. Although the AAR Billing Clerk lost a modicum of work, the work vanished as opposed to being
Inasmuch as we are denying this claim on its merits, we need not
address the Carrier's contention that this claim was untimely filed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ,
Nancy J. evbE - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.