Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27600
THIRD DIVISION Docket No. CL-27467
88-3-86-3-721
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 & Santa Fe Railway Company



(a) Carrier violated the current Agreement when it abolished Tie Aligning Machine Operator Position Nos. 7103 and 7139 with an hourly rate of pay of $11.93 and reestablished Lift Truck Helper Position No. 7083 and 7170 with an hourly rate of pay of $11.34 and required to perform essentially the same duties, and

(b) Claimants L. Orozco and J. Esparza, occupants of Position Nos. 7083 and 7170, respectively, and their successor(s) shall now be compensated, in addition to any payment already received, the difference in the rate of $11.93 per hour and $11.34 per hour, commencing October 9, 1985, and/or their successor(s) as long as this violation continues, and

(c) Lift Truck Helper Position Nos. 7083 and 7170 at Somerville shall now be rerated and retitled in line with the higher rated duties and responsibilities."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:


dispute are rc:.·)c.:tiveiy carrier ana emplo fes within ti: -m'"-:._'' g of the
Railway Labor Act as approved June 21, 19"·,, E

This Divisi:.n of the Adjustment Board has jurisdiction ovar the dispute involve:. herein.



This dispute arose when the Carrier abolished Tie Aligning Machine Operator Position Nos. 7103 and 7139 (hourly rate $11.93) and reestablished Lift Truck Helper Position Nc:;. 7083 and 7170 (hourly rat,°, $11.34) on Octob·,r 9, 1985. The Claimants herein occupied the former positions and were the s;ccessful bidders on the l should be ecmpensated at the higher rate commencing October 9, 1985.
Form 1 Award No. 27600
Page 2 Docket No. CL-27467
88-3-86-3-721

The Carrier, in the on-property handling of the Claim, did not address the arguments of t assigned to the lower rated positions. Instead, the Carrier argued that the claim was deficient in failing to provide sufficient information at the initial step. The Board does not agree. The claim was specific in alleging that the abolished positions were "reestablished at a lower rate", citing a number of agreement rules. The Carrier was readily aware of the identity of the occupants of these positions. Further, the Organization expanded (but did not change) its contentions in its appeal from the first Carrier reply. The claim may properly be resolved on its merits.

Based on the information provided to the Board as to the period immediately following the positi at best, on a premature basis. Rule 33 reads as follows:





The Organization has demonstrated that the Claimants continued to perform the duties of the higher rated postition for a substantial portion of their working time. The abolishment of the positions, resulting in the work being performed by employees in a lower rated position (even if paid for the specific hours involved) is thus not found to be appropriate and in violation of Rule 33. In so finding, the Board must necessarily be concerned with the situation as reported by the Organization and not specifically rebutted by the Carrier.

The claim also seeks to have the Lift Truck Helper positions "rerated and retitled." This is cle and this portion of the claim must be denied. The Board confines itself to consideration of the impr continuation of a substantial portion of the higher rated work.

It is clear the Agreement was violated. Paragraphs (a) and (b) of the Statement of Claim will be sustained; paragraph (c) will be denied.




Form 1 Award No. 27600
Page 3 Docket No. CL-27467
88-3-86-3-721
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Attest:


Dated at Chicago, Illinois, this 27th day of October 1988.