Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26917
THIRD DIVISION Docket No. CL-26582
88-3-85-3-323
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10011) that:
1. Carrier violated the Clerks' Rules Agreement, and in particular
Rule 1, when, on various dates beginning December 31, 1982, and continuing, it
allowed employes not covered thereby to load and unload materials and supplies
at Alexandria, Louisiana (Carrier's File 205-5767).
2. Carrier shall now be required to compensate Clerk E. Schmidt
eight (8) hours pay at the punitive rate for December 31, 1982, January 7, 9,
10, 11, 11, 12, 12, 14, 17, 17, 18, 19, 19 and 20, 1983."
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.
Claimant held the position of Material General Foreman at Alexandria,
Louisiana. Although disputed by the Carrier as being exclusively performed,
the Organization asserts that prior to December 31 1982, unloading and loading
of rip track material, wheels and diesel fuel was performed at Alexandria by
the Material General Foreman and Car Clerk. On December 29, 1982, the position of Car Clerk was abol
issue was performed by either Carmen or a Diesel Supervisor. The record further reveals that loading
performed by the Carrier's Mechanical Department employees at Laredo, San
Antonio, Corpus Christi, Harlingen, Fort Worth, Memphis, Coffeyville, Hoisington, Monroe, McGehee, C
Little Rock and Mechanical Department employees at Kansas City.
Form 1 Award No. 26917
Page 2 Docket No. CL-26582
88-3-85-3-323
The Brotherhood of Railway Carmen as Third Party in Interest has
declined to participate in this proceeding.
The Organization contends that the diversion of the work at issue to
other employees at Alexandria constitutes a violation of the Agreement since
the work has always been performed by the Material General Foreman and Car
Clerk. Putting aside the question of whether the work was exclusively performed at Alexandria by the
December 31, 1982, this record does not support the ultimate argument advanced
by the Organization. The Scope Rule involved in this case is general in
nature. Where the Scope Rule is general as opposed to a specific reservation
of identifiable work, it is well-established that for the Organization to
prevail it must prove that the work involved is reserved exclusively to
employees covered by its Agreement by tradition, custom and practice on a
systemwide basis. See e.g., Third Division Awards 26245, 25409, 19308. That
burden has not been met in this case. Indeed, the Carrier has shown that at
numerous other locations within its system, the kind of work involved herein
has been performed by employees not covered by the Agreement. The record in
this matter requires that we deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~~
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.