Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27897
THIRD DIVISION Docket No. CL-26506
89-3-85-3-242
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:
(The Chesapeake and Ohio Railway Company
PARTIES TO DISPUTE: "Claim of the System Committee of the Brotherhood
(GL-10002) that:
(a) The Carrier violated Rules 37, 45 and others of the Clerks'
General Agreement No. 10, as well as Memorandum Agreement effective August 21,
1978, when it required Claimant to perform duties of Weighmaster at Saginaw,
Michigan, on August 30, 1980 retroactive sixty (60) days and continuing until
violation ceases.
(b) The Carrier shall now compensate Claimant Edward Poineau for one
(1) hour's pay at the overtime rate of position C-357, Classification Clerk,
beginning July 1, 1980 and each workday thereafter that he is required to
perform the duties of Weighmaster at Saginaw, Michigan.
(c) In addition, the Carrier shall now compensate Claimant for the
difference in rate of pay of Messenger Checker and Classification Clerk for
each scheduled workday beginning July 1, 1980 and continuing for as long as he
is required to perform the duties weighing cars assigned to position C-357,
Classification Clerk, at Saginaw, Michigan."
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.
A Memorandum Agreement was negotiated by the parties in August 1978
which dealt with the transfer, consolidation and reorganization of clerical
forces at Saginaw and Midland, Michigan. The purpose was to establish a
Terminal Service Center at Saginaw, Michigan.
Form 1 Award No. 27897
Page 2 Docket No. CL-26506
89-3-85-3-242
The Organization claims that Carrier violated Rules 37 and 45 of the
Agreement and various provisions of the August 21, 1978 Memorandum of Agreement when it required the
was assigned to the positions of Classification Clerk and Machine Operator.
It argues that the duty sheets of Classification Clerk and Machine Operator
clearly specify the duty of "weighing cars" while the duty sheet of Messenger
Checker does not.
Therefore, the Organization maintains that Claimant is entitled to
additional compensation since he was used during his regular assigned tour of
duty to do work of another position.
In support of its claim the Organization cited Third Division Award
24492 for the proposition that the duty sheets specify particular functions
that accrue to a position and that any work assigned in contradiction to those
duty sheets constitutes a violation of the Agreement.
Carrier, on the other hand, insists that it did not violate the Agreement. It points out that Me
weighing functions since August 1978 without protest. Carrier insists that
the work of weighing cars has not been shown to be the exclusive work accruing
to any particular clerical position at Saginaw.
Carrier further disagrees with the Organization's interpretation of
Rule 37. It maintains that the Rule does not eliminate Carrier's right to
have employees assist each other in the performance of their duties without
additional penalty. For these reasons, Carrier asks that the claim be denied.
After reviewing the record, we are convinced that the claim must
fail. We concur that the unrefuted evidence supports the practice of using
Messenger Checkers to perform the disputed work since 1978 without complaint
at Saginaw. Moreover, the work of weighing cars does not accrue exclusively
to Classification Clerks or Machine Operators or to any clerical position at
that location. In fact, the record demonstrates that it has always been
considered incidental to the other duties of Messenger Checkers.
Finally, we note that Third Division Award 24492 is not applicable in
this case. Although the Award addresses several of the same provisions as in
this instant claim, here the record does not conclusively establish that the
duty description sheets were bilateral. Rather, Carrier insists that it unilaterally drafted them. T
Accordingly, and for all of the foregoing reasons, the claim is
denied.
Form 1 Award No. 27897
Page 3 Docket No. CL-26506
89-3-85-3-242
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J. r -.Executive Secretary
Dated at Chicago, Illinois, this 4th day of May 1989.