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
STATEMENT OF CLAIM:"Claim of the System Committee of the Brotherhood
(GL-10133) that:
(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:
The carrier or oarriers,andthe empaloye or employees involved in this ,
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.
Parties to said dispute waived right of appearance at hearing thereon.
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:
"RULE 33 -- CHANGING TITLE OR RATE
Established positions shall not be discontinued and
new ones created under a different title covering relatively the same class of work for the purpose
the rate of pay or evading the application of these rules."
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.
A W A R D
Claim sustained in accordance with the Findings.
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:
Nancy J.
AO
V-
Executive Secretary
Dated at Chicago, Illinois, this 27th day of October 1988.