Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27208
THIRD DIVISION Docket No. CL-27141
88-3-86-3-209
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 violated the provisions of the current Clerks' Agreement at Kansas City, Kansas, commencing January 26, 1985, when it required and/or permitted employes not covered by the rules of the Agreement to perform routine clerical work; there
(b) The senior available regularly assigned employe, as herein listed, and/or their predecessors or successors, commencing January 26, 1985, shall be considered the claimant. The claimant shall receive eight (8) hours' pay at the time and one-half rate of Chauffeur II for each shift, 8:00 a.m. to 4:00 p.m.; 4:00 p.m. to 12:00 p.m.; 12:00 p.m. to 8:00 a.m., each day commencing January 26, 1985. S 1985, forward, until claim is settled.


W. M. Regan 11-09-43 6041
M. W. Mitchell 06-02-44 6032
J. Carrillo 12-06-44 6025
R. C. Gonzales 10-16-45 6004
J. H. eohrer 09-18-50 6039
J. W. Snyder 09-19-50 6013
D. L. Fairchild 10-09-50 6027
J. D. Velasquez 08-16-51 6044
H. Hitchye 09-17-55 6019
H. L. Harrity 06-19-56 6011
J. Rodriquez 03-23-57 6022
Form 1 Award No. 27208
Page 2 Docket No. CL-27141
88-3-86-3-209
W. F. Eaton, Jr. 04-13-65 6023
R. D. Hoover 05-23-67 6003
A. L. Sims 09-13-68 AR-2
S. E. West 11-13-68 6012
C. L. Brown, Jr. 02-08-71 6005
S. D. Minear 09-11-72 6008
J. N. Westbrooks 05-14-73 AR-3
A. V. Freeman 09-11-74 6377
J. L. Seemster 11-07-77 6009"

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.



This dispute indicates possible involvement of a Third Party, the Brotherhood Railway Carmen of the United States and Canada. The Carmen were notified of the pending dispute and determined not to intervene in this instance.

The claim arose following a reduction in force of second and third shift employees in the Purchases and Materials Department. At that time, the Carrier made procedural rearrangements in which certain materials, including wheels, were delivered to a storage area near point of use, from which Carmen obtained such material for use in their normal work. This replaced a system whereby employees represented by the Organization made separate delivery of the items of the point of Carmen's work. No change was made in inventory control of the materials.
Form 1 Award No. 27208
Page 3 Docket No. CL-27141
88-3-86-3-209

Review of the record shows that this rearrangement does not disturb the Claimants' basic responsibilities nor is such rearrangement specifically prohibited by Rule. The Claimants have failed to meet the required burden of proof to demonstrate that the revised arrangement, in practice at other Carrier locations, is violative of the Agreement.






                            By Order of Third Division


Attest:
· Nancy J. - Executive Secretary

Dated at Chicago, Illinois, this 20th day of July 1988.