Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27896
THIRD DIVISION Docket No. CL-26494
89-3-85-3-222
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9999) that:
1. Carrier violated the effective Clerks' Agreement when, on or
about February 1984, it removed work in connection with the preparation of the
monthly 'Internal Short Form Income Statement' from covered employes and
assigned it to employes not covered by such Agreement.
2. Carrier shall now return this work to employes covered by the
Agreement and shall compensate Ms. J. M. Hoy, **Stenographer, Cost Section,
and/or her successor or successors in interest; namely, any other employe who
is the occupant of such position, one hour's pay at the time and one-half rate
of her position for the month of February 1984, and for each and every month
thereafter that a like violation occurs."
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.
The Organization alleges in this claim that Carrier has violated the
Scope Rule of the Agreement. It arose after Carrier initiated use of microcomputers in the preparati
1984. Prior to this change, the preparation of reports in question was performed manually by non-TCU
report in pencil form, it was given to the stenographer for typing. As a
result of the use of the micro-computers, the report is now automatically
generated; and thus eliminates the typing performed by the stenographer.
The Organization argues that the Scope Rule reserves to covered
employees all clerical work coming within the Scope of the Agreement and that
the work here falls within that Scope. Moreover, the Organization asserts
Form 1 Award No. 27896
Page 2 Docket No. CL-26494
89-3-85-3-222
that the work has been historically performed exclusively by clerical employees and therefore, m
employees and assigned to others.
In the Organization's view, the clerical function of printing the
report remains.
In response, Carrier contended that the utilization of microcomputers to do work previously perf
not represent a violation of the Agreement. It further argues that the work
was merely eliminated due to mechanization and the Scope Rule was not violated. Additionally, Carrie
advantage of efficiencies that result from the use of improved technology, as
evidenced by this case. It further argues that there was no transfer of work
and no positions were abolished as a result of the use of micro-computers.
The only change that has been made is that the micro-computer assembles and
prints the final report based on data furnished by the analyst..
The record is clear in this instance, that Carrier has violated the
language of the Scope Rule, although Carrier has the right to take advantage
of efficiencies that are available as a result of technological improvement.
Here, even through use of the micro-computer, has provided efficiencies, there remains the cleri
now stored on a disc rather than in the typewriter does not change the nature
of the clerical work. Accordingly, this clerical function must continue to be
performed by TCU represented employees.
As to the remedy for this violation, although no position was eliminated as the result of the im
claim is sustained to one (1) hour's pay at the overtime rate for each month
that this work occurred from February 1984.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 4th day of May 1989.