Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27895
THIRD DIVISION Docket No. CL-27994
89-3-87-3-521
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Tranportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Organization
(GL-10186) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Barstow, California, on March 23, and 30, 1986, when it required and/or
permitted an employe that is not covered by the rules of the Agreement to
perform routine schedule clerical work.
(b) A. Gonzales shall now be compensated for one call payment (three
pro rata hours) at the rate of Car Clerk Position No. 6064 for March 23 and
30, 1986, in addition to any other compensation Claimant may have received for
the days herein under Claim."
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.
In this dispute, the Organization asserted that Carrier violated the
current Agreement when, on March 23, and 30, 1986, an employee not covered by
the Agreement allegedly performed the "TKU" command of the OX (Operations
Expeditor) system changing or listing industry number on rail cars TTWS 980087
in Track 1402 and TTWX 993640 in Track 1620. It pointed out that this command
entailed the use of the Univac Computer and associated peripheral equipment
such as a CRT. It was the Organization's position that said work was routinely performed by Agreemen
of the Agreement. It cited Rules i (Scope), 2 (Grades of Work), Rule 5 (Establishment of Seniority),
Form 1 Award No. 27895
Page 2 Docket No. CL-27994
89-3-87-3-521
maintained that
it was no longer necessary for work to be exclusively reserved
to the members of the Organization systemwide in order to be covered by the
Agreement. Rather, it observed that work assigned to a Clerk's position became the work of the posit
In rebuttal, the Carrier acknowledged that the Assistant Manager RFO
used the Trackupdate function to check on data concerning car TTWx 993640 on
March 30, 1986, but disclaimed that said official performed a Trackupdate. It
also noted that it was unable to find any records for Car TTWX 993640 for
March 23, 1986, nor any records for CAR TTWX 980087 for March 23, and 30, 1986.
It argued that checking data by the use of the Trackupdate function was incidental to, and an integr
such, not exclusively reserved to the Organization's craft. Further, it
argued that the Organization has not furnished evidence that a Trackupdate was
actually performed by the Assistant Manager RFO. It observed that in past
negotiations, the Organization had specifically sought to amend Rules 1
(Scope) and 2 (Grades of Work) by attempting to expand the coverage of work
protected by these Rules. It also referenced several recent Third Division
Awards which have held that the Scope Rule was general not specific on this
property. (See Third Division Awards 25003, 25125, 25571, 25695).
In considering this case, we concur with Carrier's position. Careful
review of the voluminous documentary record does not establish that the Assistant Manager RFO act
Rules i (Scope) and 2 (Grades of Work) were applied and violated. As we
stated many times in prior Awards, we need concrete verifiable proof. (See
Third Division Awards 13741, 18515, 18941). As the moving party, the Organization must present evide
bereft of such needed probative substantiation and accordingly, we must deny
the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
tNancy J. - Executive Secre ary
Dated at Chicago, Illinois, this 4th day of May 1989.