Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27330
THIRD DIVISION Docket No. CL-26490
88-3-85-3-228
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman 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-10001) that:
CASE NO. 1
(a) Carrier violated and continues to violate the current Clerks'
Agreement at Streator, Illinois, beginning on or about January 1, 1980, when
Carrier elected to become a participant in the Interchange Continuity System
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employees of the AAR, and
(b) Claimant J. A. Spraggon, incumbent of Position 6139 Car Clerk
shall now be allowed eight (8) hours pay at the rate $99.30 for position 6139
for January 20, 1984 and each subsequent day until the violation is corrected,
and
(c) Such work shall be returned to the Employes entitled to perform
it.
CASE NO. 2
(a) Carrier violated and continues to violate the current Clerks'
Agreement at Streator, Illinois, beginning or or about February 1981, when
Carrier elected to become a participant in the Interchange Continuity System
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employes of the AAR, and
(b) Claimant R. E. Dettelhouser, incumbent of Position 6136 Car
Clerk shall now be allowed eight (8) hours pay at the rate of Position 6136
for January 2, 1984 and each subsequent day until the violation is corrected,
and
(c) Such work shall be returned to the Employes entitled to perform
it.
CASE NO. 3
(a) Carrier violated and continues to violate the current Clerks'
Agreement at Streator, Illinois, beginning on or about January 1, 1980, when
Form 1 Award No. 27330
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No.
CL-26490
88-3-85-3-228
Carrier elected to become a participant in the Interchange Continuity System
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employes of the AAR, and
(b) Claimant L. 0. Arendell, incumbent of Position 6039 Car Clerk
shall now be allowed eight (8) hours pay at the rate $99.30 for Position 6039
for January 15, 1984, and each subsequent day until the violation is corrected, and
(c) Such work shall be returned to the Employes entitled to perform
it.
CASE
NO. 4
(a) Carrier violated and continues to violate the current Clerks'
Agreement at Streator, Illinois, beginning on or about January 1, 1980, when
Carrier elected to become a participant in the Interchange Continuity System
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employes of the AAR, and
(b) Claimant F. D. Wahl, incumbent of Position 6137, Rate and Revising Clerk shall now be allowe
for Position 6137 for January 18, 1984 and each subsequent day until the violation is corrected, and
(c) Such work shall be returned to the Employes entitled to perform
it.
CASE
N0.
5
(a) Carrier violated and continues to violate the current Clerks'
Agreement at Streator, Illinois, beginning on or about January 1, 1980, when
Carrier elected to become a participant in the Interchange Continuity System
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employes of the AAR, and
(b) Claimant D. M. Mau, incumbent of Position No. 6097, Train Order
Clerk shall now be allowed eight (8) hours pay at the rate $101.46 for Position 6097 for January 28,
corrected, and
(c) Such work shall be returned to the Employes entitled to perform
it.
CASE NO. 6
(a) Carrier violated and continues to violate the current Clerks
Agreement at Streator, Illinois, beginning on or about January 1, 1980, when
Carrier elected to become a participant in the Interchange Continuity System
Form 1 Award No. 27330
Page 3 Docket No. CL-26490
88-3-85-3-228
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employes of the AAR, and
(b) Claimant, J. L. Hartwig, incumbent of Position 6098, Train Order
Clerk shall now be allowed eight (8) hours pay at the rate $101.46 for Position 6098 for January 29,
corrected, and
(c) Such work shall be returned to the Employes entitled to perform
it.
CASE NO. 7
(a) Carrier violated and continues to violate the current Clerks'
Agreement at Streator, Illinois, beginning on or about January 1, 1980, when
Carrier elected to become a participant in the Interchange Continuity System
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employes of the AAR, and
(b) Claimant D. A. Bussell, incumbent of Position Relief Clerk No.
2, shall now be allowed eight (8) hours pay at the current rate of pay for
this position for February 6, 1984 and each subsequent day until the violation
is corrected, and
(c) Such work shall be returned to the Employes entitled to perform
it.
CASE NO. 8
(a) Carrier violated and continues to violate the current Clerks'
Agreement at Streator, Illinois, beginning on or about January 1, 1980, when
Carrier elected to become a participant in the Interchange Continuity System
of the Association of American Railroads and transferred very substantial
amounts of clerical work to employes of the AAR, and
(b) Claimant C. C. Simmons, incumbent of Position Relief Clerk No.
3, shall now be allowed eight (8) hours pay at the rate of $101.46 per day for
February 23, 1984, and each subsequent day until the violation is corrected,
and
(c) Such work shall be returned to the Employes entitled to perform
it.
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 approve
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This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This claim consists of eight cases arising out of decisions by Carrier to become a participant i
decision resulted in transfer of substantial amounts of clerical work to employees of the AAR.
The relevant facts of this claim are not in dispute. Carrier is a
subscriber to the AAR's National Car Information System
(NCIS). NCIS
is a
computer linked data base which enables the subscriber carriers to exchange
data relating to car movement, interchange dates and times, waybill information, etc. The
NCIS
has several subsystems which perform related services
necessary to obtain the data.
In January 1984, Carrier instituted one subsystem (EDI) at Streator,
Illinois, and instructed its clerical employees there to use the wayabill data
received from the AAR computer instead of inputting the data themselves.*
As a result, the Organization filed these claims contending that its
members should have inputted data instead of utilizing the AAR computer for
this purpose. Carrier timely rejected the claim. Thereafter, the matter was
handled in the usual manner on the property. It is now before this Board for
adjudication.
The Organization maintains that the work in dispute has been traditionally and exclusively perfo
points out that prior to computerization, information from one location to
another was transmitted via a telegraph key. Information received in that
manner would be transcribed onto a form known as a FORP. The Organization
stresses that all employees involved in the compiling of the data were its
members.
Moreover, the Organization insists, after computerization, its
employees continued to transmit the data via "EE" reports. This practice
continued until the instant dispute arose according to the Organization.
Therefore, it urges, prior to Carrier's participation in
NCIS,
the disputed
work was performed exclusively by clerical employees. Under these circumstances, the Organization ma
it opted into
NCIS.
Therefore, the Organization reasons that the claims should
be sustained in their entirety.
Carrier asserts that it did not violate the Agreement. Instead, it
suggests, it simply has utilized new technology to maximize services in an
*Apparently, EDI had been initiated earlier but was discontinued.
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efficient manner. Moreover, it stresses, it has on many occasions participated in similar comput
did not violate the general Scope Rule contained in the Agreement. Therefore,
it asks that the claims be rejected.
Upon review of the record evidence, we are convinced that the claims
must fail. This is so for a number of reasons.
First, it is undisputed that the Scope Rule in the Agreement is general in nature. That is, it d
which the organization claims were improperly transferred to AAR employees.
Under these circumstances, the Organization must demonstrate that its members
have traditionally and exclusively performed the disputed work.
The Organization has not met this burden. Instead, it has merely
demonstrated that the mechanical functions involved have been performed by its
members. However, the record is replete with numerous examples of computerized information compiled
Carrier in the past has been involved in data exchange with other railroads.
These included Care Hire and Interline Freight Revenue, Car Repair Billing,
and other systems. As such, it is clear that computerization of clerical
functions is not per se, prohibited by the Scope Rule of the Agreement or by
the practice of the parties.
In addition, the most recent Award cited by the Organization does not
justify sustaining the claims. In that case, Third Division Award 26442, the
Board found for the Organization because Rule 1(e) of the Agreement requires
that a "Mechanical device" be retained and operated by employees covered by
the Agreement. Here no such specific rule exists. Thus, that Award is simply
not applicable to the instant dispute.
In sum, the record evidence reveals that manual functions relating to
the disputed work has been traditionally performed by members of the complaining craft. However, it
has been previously performed by other than Carrier employees. Given these
facts and the general nature of the Scope Rule, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.