Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28058
THIRD DIVISION Docket No. CL-28275
89-3-87-3-830
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(former Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10218) that:
Claim No. 1: (Carrier file CG-19605) (TCU file CLV-218)
(a) Carrier did violate Rule 1 (Scope) and Rule 37 (Absorbing
Overtime), and other rules of the General Agreement; Rule 46 (New Positions),
Rule 44 (Maintaining Rates), Rule 45 (Preservation of Rates), Rule 47 (Rating
Positions).
Violations occured (sic) when Carrier did cause Claimant to suspend
work on Position A-8, Typist-Clerk, on January 3, 4, 5, 6, 7, and 10, 1983 to
relieve Louie L. Powell, Cleveland, Ohio from 11:30 a.m. to 12:30 p.m. for his
meal period.
(b) Carrier should now compensate Claimant, Charles Hamadik, one
hour pro rata at the rate of Chief Security Officer Louis L. Powell (presumably higher than the prot
protected rate of $101.60 per day, with cola (12.70 per hr.), whichever is
higher.
Claim No. 2: (Carrier file CG-19606) (TCU file CLV-219)
(a) Beginning on January 11, 1983 Carrier did violate Rule 1
(Scope), Rule 37 (Absorbing Overtime), for Claimant N1, Rule 24 (Trading
Positions, Rearranged), Rule 44 (Maintaining Rates), Rule 45 (Preservation of
Rates), Rule 46 (New Positions), Rule 47 (Rating Positions), and other rules
of the General Agreement No. 10, and Consolidating Agreement, effective
November 16, 1981, and continuing to the present, when Carrier arbitrarily and
unilaterally abolished one security officer position and assigned Claimant ##l,
Charles Hamadik, to relieve the other officer for meal period from 11:30 a.m.
to 12:30 p.m."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
Form 1 Award No. 28058
Page 2 Docket No. CL-28275
89-3-87-3-830
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.
At the time of the incident first involved in this dispute, Claimant
was the incumbent of a Typist-Clerk position in the Terminal Tower facility of
Carrier in Cleveland, Ohio. At that time Carrier had been operating a control
booth on the 32nd Floor of the building to control access to the facility. On
January 3, 1983, Carrier changed the work schedule of the two Chessie System
Police Officers who had manned the booth. This resulted in only one officer
being on duty between 7:00 A. M. and 4:00 P.M. daily. Carrier determined to
use Claimant to relieve the Police Officer each day for lunch between 11:30
A.M. and 12:30 P.M. During the lunch hour Claimant was instructed to admit
employees and proper visitors to the facility by the use of a buzzer and was
further instructed to contact the building security office in the event that
any "police problems" arose. It was this function which triggered the dispute
herein. It is also noted that the Organization waived those portions of the
Claim dealing with Clerks Cerny and Sword.
The Organization argues that Carrier, in making the assignment indicated above violated several
particularly that Carrier violated the Agreement when it required Claimant to
suspend work on his own assignment and cross craft lines to absorb overtime
work of a System Police Officer. It maintains that the work was more than
that of a receptionist and was not performed anywhere else on the property by
anyone other. than Railroad Police.
Carrier states that the work in question was not exclusively performed throughout the property b
Carrier advised the Organization, during the handling of this dispute, that
there were other clerical employees at other locations performing identical
functions. Carrier also maintains that it has facilities on its property monitored in similar fashio
the right to assign the duties to Claimant and the functions did not represent
an increase in either duties or responsibilities.
As the Board views it, one of the key elements in this dispute is
whether the work in dispute is exclusively that performed by Railroad Police
Officers. In that context, the Organization has presented no evidence whatever to support its positi
furnished information during the handling of this matter on the property that
several other Clerical positions had been assigned identical functions.
Form 1 Award No. 28058
Page 3 Docket No. CL-28275
89-3-87-3-830
The facts in this matter do not support the thesis that there was any
suspension of work to absorb overtime by Claimant. Further there was nothing
specified in the Rules which would prevent Carrier from assigning the work in
question to Claimant. The fact is that there is no contractual support for
the Organization's position. The Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 10th day of August 1989.