Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27647
THIRD DIVISION Docket No. MS-27118
88-3-86-3-172
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(E. A. Mulreaney
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim in question is covered under System Docket CR-2534, -N. J. Div.
ENCL 43-83, System Docket CR-2924D for the violation of Rule, Scope Rule."
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 were given due notice of hearing thereon.
As Third Party in Interest, the American Railway and Airway
Supervisors Association and the United Railway Supervisors Association were
advised of the pendency of this dispute and did not file a Submission with the
Division.
The Carrier has advanced challenges to the Petitioner's Claim in
addition to contentions with respect to the merits.
Turning to the procedural concerns of the Carrier, while we recognize
some validity to their arguments, we conclude that the matter at issue is best
resolved on the merits.
Prior to June 24, 1982, the Claimant was assigned Position No. LWW-1,
Material Clerk-Timekeeper, at White Haven, Pa. On June 23, 1982, Claimant's
position was abolished and he alleges that Supervisor R. Kilpatrick began to
perform duties of the abolished position, on a continuous basis the following
day.
Form 1 Award No. 27647
Page 2 Docket No. MS-27118
88-3-86-3-172
The record indicates that the Carrier consolidated its Maintenance of
Way time keeping and other clerical functions into one centralized location at
Bethlehem, Pa. This change resulted in the establishment of 0. T. & E. Timekeeper Report Clerk P
in turn brought about the abolishment of the Claimant's position. Claimant's
contention that Supervisor Kilpatrick continues to perform the remaining duties of the abolished pos
as those duties were absorbed by clerical Position LBW-6 in accordance with
the Agreement.
The Claim must therefore be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
1~27
Attest.
Nancy J.
!W
r' Secretary
Dated at Chicago, Illinois, this 16th day of December 1988.