Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27808
THIRD DIVISION Docket No. MS-28292
89-3-88-3-54
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Angelo A. Petrillo
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Conrail System Docket CR-2914, in which it is claimed the Carrier
violated the Rules Agreement, effective July 1, 1979, particularly Rules 1,
19, 24 and 40, and other Rules, and Section 706 of the RRR Act of 1973, when
it abolished Claimant: A. A. Petrillo's (PEP) Position No. 15348, Chief
Clerk, hours 8:15 AM to 5:00 PM, at the Collinwood Diesel Terminal, Cleveland,
Ohio, effective February 29, 1984, and assigned duties of that position to
employees not covered by the Clerks' Rule Agreement at the Chicago, Illinois
Medical Department and also to the Medical Department at Conway, Pennsylvania.
This action without Carrier even offering Claiment (sic) an opportunity to
follow work or even exercise seniority within the System Medical Department,
thus necessitating Claiment (sic) to bump into Seniority District fl15, at the
highest rate possible, but with a per monthly loss of $344.41 which Claiment
(sic) suffered thru until at least January 20, 1987 when Claiment (sic) became
sick and was subsequently awarded a disability annuity effective July 1, 1987."
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.
This dispute represents an ex parte claim filed by Claimant against
the Carrier. Specifically, the adjudicative question before the Board is
whether the rail carrier violated Rules 1, 19, 24, and 40, and other Rules,
and Section 706 of the RRR Act of 1973, when it abolished Claimant's (PEP)
position No. 15348, Chief Clerk at the Collinwood Diesel Terminal, Cleveland,
Ohio, effective February 29, 1984. In support of his petition, Claimant maintained that when said po
Medical Department and also to non-agreement covered employees located at the
Medical Department in Conway (Pittsburgh), Pennsylvania. He asserted that
Form 1 Award No. 27808
Page 2 Docket No. MS-28292
89-3-88-3-54
this action was arbitrarily implemented without his being offered an opportunity to follow the work
System Medical Department. As part of his proof demonstration, he delineated
most of the duties he normally performed and the approximate time expended per
identifiable functional task.
In rebuttal, Carrier argued that the Claim was untimely progressed to
the Board and accordingly, should be dismissed under the Doctrine of Laches.
It acknowledged that most of the files were indeed transferred to the aforesaid medical centers, but
reassigned to non agreement employees at these locations. It further pointed
out that none of the primary duties of Claimant's former position, such as
payroll, inventory and correspodnence responsibilities were transferred to
Chicago and/or Pittsburgh and noted that Rule 19 applies only to the transfer
of positions, and not work, as contended by Claimant. It requested a dismissal Award on the grounds
specific to constitute a valid claim.
In considering this case, we concur with Carrier's position. In
essence, Claimant failed to adduce the quantum and quality of proof needed to
substantiate his claim. Outside of an inferential projection that the location of the medical files
assertedly transferred or the individuals purportedly performing this work.
In the absence of a substantive unmistakable showing that said work was transferred and performed by
conclude that the cited rules and statutes were not violated. Upon the record, we must deny the clai
A W A R D
Claim denied.
NATIONAL
RAILROAD ADJUSTMENT
BOARD
By Order of Third Division
Attest:
Nancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.