Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27827
THIRD DIVISION Docket No. CL-27546
89-3-86-3-833
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
GL-10142 that:
(1) Carrier violated the provisions of the current Clerks' agreement
at Oklahoma City, Oklahoma, on October 9, 1985, when it required and/or permitted an employe that is
routine schedule clerical work, and
(b) M. L. Hauck shall now be compensated for one call payment (three
pro rata hours) at the rate of Control Clerk Position 6162 for October 9,
1985, in addition to any other compensation Claimant may have received for
this day."
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.
On September 24, 1985, Carrier installed a new electronic computerized weigh-in-motion scale at
scale, Carrier eliminated the need for a Clerk to weigh cars. Instead, in
this instance, a Switchman weighed cars.
At issue here is the question of whether only Clerks can weigh cars
at the Flynn Yard in Oklahoma City.
This Board has reviewed the material presented and we are compelled
to conclude that the Organization has not carried its burden of demonstrating
that only Clerks have exclusively weighed cars on a systemwide basis or at
Oklahoma City. This is a Scope Rule Claim where the Organization has failed
to meet the exclusivity test required of it. The Board has no recourse, but
to deny the Claim.
Form 1 Award No. 27827
Page 2 Docket No. CL-27546
89-3-86-3-833
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D v - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.