Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27212
THIRD DIVISION Docket No. CL-26694
88-3-85-3-706
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10057) that:
1. Carrier violated and continues to violate the effective Clerks'
Agreement when, on or about September 17, 1984, it removed work from the scope
thereof and thereafter required and/or permitted employes of another carrier
to perform such work;
2. Carrier shall now compensate the senior off-duty computer
operator for eight (8) hours' pay at the time and one-half rate of his/her
position for September 17, 1984, and for each and every day thereafter that a
like violation occurs."
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.
On October 26, 1984, a claim was filed by the Organization on the
grounds that the Scope Rule of the Agreement had been violated "...on
September 17, 1984, and each and every day thereafter" when the Carrier discontinued processing data
claim differs in its particulars from an earlier one filed by the Organization
which was subsequently heard by this Board and decided by Third Division Award
27191, it is the position of the Board, after studying the record of this case
and comparing it with that earlier one, that the issues to be resolved are
comparable and that the Board's rationale and Award in that earlier case can
Form 1 Award No. 27212
Page 2 Docket No. CL-26694
88-3-85-3-706
serve as precedent. In this case, as in the earlier one, the parties discuss
claims and counterclaims relative to the applicability of the February 23,
1983 Coordination Agreement to the instant case and the precedential value of
Award Number 427 emanating from Special Board of Adjustment 605. The Board's
position on this matter is also outlined in Third Division Award 27191 and
that position is incorporated herein by reference.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
i0rd
-.4
0M
"Nancy J. D>yr/VExe/cutive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.