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



(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






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.


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.






                          By Order of Third Division


Attest:
        Nancy J. D -Executive Secretary


Dated at Chicago, Illinois, this 23rd day of June 1988.