Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27L14
THIRD
DIVISION
Docket No. CL-26549
88-3-85-3-355
The Third Division consisted of the regular members and in
addition Referee Gil Vernon when award was rendered.
(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 if the System Committee of the Brotherhood
(GL-10017) that:
1. Carrier violated the effective Clerk's Agreement when, on July 30,
1984, it required and/or permitted an employe not covered thereby to perform
work reserved to employes fully covered thereby:
2. Carrier shall now compensate Mrs. Bernice Dale, Timekeeper 6
Distribution Clerk six (6) hours' pay at the time and one-half rate of her
position for July 30, 1984."
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.
The claim before the Board is based on the allegation that on July
30, 1984, Carrier allowed the Assistant Comptroller to perform the work of two
absent timekeepers for a period of six hours. It is argued that this violates
the Scope Rule and improperly infringes on the rights of the Claimant, the
remaining timekeeper, who was available to perform the disputed work on an
overtime basis.
The Carrier counters asserting that the activities of the Assistant
Comptroller were limited to reviewing the uncompleted work of the absent
timekeepers to determine what uncompleted work required immediate attention.
It further asserts that he subsequently assigned what he determined to be
priority work to the Claimant. It argues based on this that the Assistant
Comptroller's review of all uncompleted timekeeping work is a managerial
prerogative and is not a violation of the current working Agreement. Furthermore, it alleges his tot
hour.
Form 1 Award No. 27114
Page 2 Docket No. CL-26549
88-3-85-3-355
It is the conclusion :)f the Board that there is au insufficient basis
in this record to resolve the factual dispute on which each Parties' position
is predicated. We cannot determine with any sufficient degree of certainty
just what the Assistant Comptroller did or did not do on the day in question.
Accordingly, the claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.~ v - Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.