Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28271
THIRD DIVISION Docket No. CL-28488
90-3-88-3-296
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Transportation 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-10277) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Amarillo Yard Office, Amarillo, Texas, when it required and/or permitted au
employe that is not covered by the rules of the Agreement to perform routine
schedule clerical work, and
(b) J. E. Akin shall now be compensated for eight (8) hours' pay at
the rate of $103.53, Position No. 6294 for April 10, 26, 27, and 30, 1987, in
addition to any other compensation Claimant may have received for this day."
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 dispute arose upon the Carrier's implementation in Amarillo of
its systemwide Car Location Inventory Control program. In the instance selected for review here, Eng
of cars in proper sequence. This is work which was previously performed,
according to the Organization, by a clerical employee, specifically the occupant of Position No. 629
Position No. 6294 was abolished.
Form 1
Page 2
Award No. 28271
Docket No. CL-28488
90-3-88-3-296
The Organization argues that the performance of the work by other
than an employee covered by the Agreement is in violation of Rule 1, the Scope
Rule, and more particularly that portion of Rule 2 which reads as follows:
"2-E. Positions or work within Rule 1 -
Scope of this Agreement belong to the employes
covered thereby and nothing in this Agreement
shall be construed to permit the removal of such
positions or work from the application of the
rules of the agreement.
2-F. When a position covered by this
Agreement is abolished, the work assigned to
same which remains to be performed will be
reassigned to other positions covered by this
Agreement, unless such reassignment of work
would infringe upon the rights of other employes."
It has been well established in previous Awards that the Scope Rule
here, even with the supplementary language of Rule 2-E and 2-F, remains a
general rather than specific Rule. See Third Division Awards 25003, 25125,
and 25571. Under these circumstances, these Awards found, and the Board here
concurs, that "where work was contested, a demonstration of work exclusivity
must be established." The record here does not indicate that the work involved was exclusively perfo
work was intended for the Car Location Inventory Control Program is not
sufficient, in the Board's view, to present a positive exclusivity showing.
Those assigned to the work regularly performed this type of duty.
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~Na-n-c~y J r - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.