Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27166
THIRD DIVISION Docket No. CL-26964
88-3-85-3-752
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10062) that:
(a) Carrier daily violated the intent and provisions of the current
Clerks' Agreement as well as many years of past practice by requiring Contracted Dormitory Employes
January 6, 1983, and continuing to this date of claim at Wellington, Kansas,
and
(b) Carrier shall now pay the senior off duty regularly assigned
employe from the list shown below and/or their successor or successors on Crew
Clerk positions at Wellington eight (8) hours at the rate of time and one-half
of the rate of $96.88 (Crew Clerk rate) per day, plus all subsequent wage
increases, for each eight hour shift at Wellington, Kansas, beginning January
6, 1983, and continuing each day thereafter until the violations are terminated, and
(c) Upon expiration of sixty days from the original date of submission, Carrier shall also pay 1
6016 Crew Clerk R. N. Williams
6017 Crew Clerk A. E. Ballin
6018 Crew Clerk J. D. Nail
9300 Relief A. S. Amberg
9305 Relief J. J. Cochran"
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.
Form 1 Award No. 27166
Page 2 Docket No. CL-26964
88-3-85-3-752
This dispute concerns the Organization's contention of a rules violation by the Carrier's direct
at the Wellington Crew Dormitory Facility by means of reaching a contracted
dormitory employee, who in turn advises the employees of the call. This
became effective in 1983, after a four-year period in which the Crew Clerk
would call the dormitory, obtain the room telephone number of the employees,
and then call the employees directly. Prior to 1979, for at least a brief
period, the system used beginning in January, 1983, had been previously in
effect. The change was made owing to the removal of the separate room
telephones.
The Board finds no merit in the Organization's contention. Crew
Clerks remain responsible for "calling" employees for duties. No rule violation may be found in empl
such call to the called employees' rooms -- a method previously in effect at
Wellington and, according to the Carrier, also in effect at other points.
The revised system, after the period during which room telephones
were available, does not diminish the Crew Clerks' responsibility or add to
the work of either the Crew Clerks or the called employees. The change in
procedure, caused by the absence of available room telephones, is not shown to
be contrary to rule or represent a removal of function (i.e., crew calling)
from the Crew Clerks.
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 June 1988.