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



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.



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.






                          By Order of Third Division


Attest: ,

      Nancy J. evbE - Executive Secretary


Dated at Chicago, Illinois, this 25th day of February 1988.