Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27975
THIRD DIVISION Docket No. CL-26513
89-3-85-3-251
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:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10004) that:
1. Carrier violated the Clerks' Rules Agreement when it allowed
persons not covered by the Agreement to perform the work of billing cars of
E1 Paso Products into the computer; such action being in violation of Rules
1, 3, 5 and 54 of the Agreement. (Carrier's File 304-647).
2. Carrier shall now be required to compensate Claimants as outlined
below:
a. Clerk M. E. Pittman and/or successor(s) for a day's pay
beginning November 14, 1983 and continuing each workday
thereafter Monday through Friday (6:00 a.m. to 3:00 p.m.)
until violation is corrected.
b. Clerk L. L. Cameron and/or successor(s) beginning November 14,
1983 and continuing each workday thereafter Monday through
Friday (10:00 a.m. to 7:00 p.m.) until violation is corrected.
c. Clerk M. D. Price and/or his successor(s) beginning November
19, 1983 and continuing each Saturday thereafter until violation is corrected."
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 Claim involves the Scope Rule of the parties' Agreement. It
arose after El Paso Products implemented the use of electronic equipment (CRT)
that could be programmed to automatically accept bill of lading data.
Form 1 Award No. 27975
Page 2 Docket No. CL-26513
89-3-85-3-251
Prior to the use of electronic equipment on November 14, 1983, E1
Paso Products furnished its bill of lading information by telephone. Commencing November 14, 1983, E
Carrier employees to physically prepare or complete the waybill since the
computer is programmed to accept the bill of lading information and automatically add that which was
The Organization claims that Carrier violated the Agreement between
the parties by removing the work of preparing waybills from the Scope of the
Agreement and "farming
it"
to persons not covered by the Agreement. It
further alleges that the work has traditionally and historically been performed by employees covered
Organization argues that in order for Carrier to remove the work of preparing
waybills from the scope of the Agreement, such change must be negotiated.
Carrier denies the allegations for a number of reasons. It contends
that the shipper is furnishing bill of lading information which it is obligated to do. The only diff
to perform that function instead of previous use of the telephone. Carrier
asserts that it is the prerogative of the shipper to determine the means of
furnishing bill of lading information, whether it be by U.S. Mail, teletype,
telephone or CRT, the shippers responsibilities and functions remain the same,
although the type of equipment used may change.
The Organization's contention that employees of E1 Paso Products are
performing the work of billing cars is disputed by Carrier. It contends that
the function of preparing a waybill is that of the Carrier and not the shipper. Whether the waybill
remain a function of Carrier. Carrier summarizes its defense by relying on
Board Awards to support its position that to automate functions which eliminate certain manual tasks
change did not result in the abolishment of any clerical positions nor did it
effect any rearrangement of forces.
The Board has reviewed the entire record and concludes that the claim
must fail. The installation and utilization of the CRT operated by employees
of the shipper transferred no work from Carrier to E1 Paso Products. E1 Paso
Products always had the responsibility of furnishing bill of lading information. The electronic chan
the shipper, and did not transfer to the shipper work previously performed by
Carrier.
Instead, the utilization of the CRT eliminated the need for Carrier's
employees to manually enter the information, since it was automatically added
by the computer. What occurred in this case was the result of a labor saving
technique. Board Awards of this Division clearly support the position that
this type of installation does not constitute a transference of work. See
Third Division Awards 11494, 12497, 13215, 14589, 22832. Where there is an
elimination of work, as here, rather than a transfer of work the claim must be
denied.
Form 1 Award No. 27975
Page 3 Docket No. CL-26513
89-3-85-3-251
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
000
Attest:
Nancy J. D v -Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1989.