Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28315
THIRD DIVISION Docket No. CL-28431
90-3-88-3-210
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig 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 Brotherhood
(GL-10270) that:
1. Carrier violated the provisions of the current Clerks' Agreement
at Barstow, California, on Friday, December 5, 1986, and every Friday thereafter, when it failed and
days of her regular assignment, and
2. D. M. Aguayo shall now be compensated eight (8) hours' pay at the
time and one-half of Car Clerk Position No. 6011 commencing Friday, December
5, 1986, and every Friday thereafter, until the violation is corrected, in
addition to any other compensation received for the days under claim."
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 is the first of three Claims before the Board involving the same
factual situation. In this Claim, the Claimant was assigned as a Clerk to
Position No. 6009 on the 7:00 A.M. to 3:00 P.M. shift, Monday through Friday,
with no relief on the rest days of Saturday and Sunday. The Organization
asserts that on November 14, 1986, the Claimant was taken from his regular
assignment (Position No. 6009) to work relief on Car Clerk Position No. 6011,
an action it contends violates the Agreement.
Form 1 Award No. 28315
Page 2 Docket No. CL-28431
90-3-88-3-210
The Board notes that certain matters have been progressed in the
parties' Submissions that were not brought forward on the property. Accordingly, these will not be c
The record properly developed on the property shows that the Carrier
abolished Relief Position No. 9001 on November 13, 1986. The remaining duties
of the abolished position, which the incumbent of Clerk Position No. 6011
performs Sunday through Thursday, were reassigned to the Claimant's Position
(No. 6009). The Carrier, in the circumstances that we find here, had the
right to abolish Position No. 9001. It then assigned additional duties to the
Claimant which previously had been performed on the rest day by the incumbent
of Position No. 6011, pursuant to Rule 2-F of the Agreement.
In view of all of the foregoing, the Claim is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1990.