Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28326
THIRD DIVISION Docket No. CL-28293
90-3-88-3-57
The Third Division consisted of the regular members and in
addition Referee George S. Roukis 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-10235) that:
1. The.company violated the Rules Agreement effective March 1, 1973,
as amended, when they arbitrarily abolished Diesel Clerk positions and instructed and permitted the
of the abolished positions.'
2. The company shall now be required to compensate Clerk Edna M.
Hawkins six (6) hours pay each day at the pro rata rate of pay of the Diesel
Clerk position commencing October 15, 1986, and continuing each and every day
until settled."
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.
As Third Party in Interest, the American Railway and Airway Supervisors Association was advised
to file a Submission with the Division.
In October, 1986, Carrier abolished the second and third shift Diesel
Clerk positions at the Kansas City Locomotive Maintenance and Repair Facility.
As a result of said abolishment, the Organization filed a Claim on behalf of
Claimant herein, contending that the work of the abolished positions was being
performed by the Engine Foremen. Specifically, the Organization asserted that
Carrier violated Rule 1 (Scope Rule), since the work performed by the Engine
Foremen was previously performed by the Diesel Clerks. It submitted documentary evidence, particular
average of two hours per shift by Diesel Foremen.
Form 1 Award No. 28326
Page 2 Docket No. CL-28293
90-3-88-3-57
In response, the Carrier asserted that the Engine Foreman's statement
merely identified the work being performed, but observed that the Organization
never substantively established that said work accrued exclusively to the
Clerk's craft. At best, it contended that the work was incidental to the work
of Engine Foremen. Furthermore, it maintained that a careful analysis of the
actual work delineated in the Engine Foreman's letter, shows that the identified work was either inc
to the locomotive repair operation. In other words, the disputed work was
minimal and incidental to the Engine Foreman's primary duties. It also argued
that entering information directly into a CRT (Cathode Ray Tube) was not protected work, and noted i
to relay the information from Form 2549 into the TCS, the Engine Foreman now
used the CRT.
In considering this case, we find sufficient evidence to conclude
that part of the work performed by the Engine Foremen accrued to the Clerk's
craft, but the precise dimensions of such work is difficult to determine from
this record. To be sure, one could plausibly contend that prior to the abolishment of the second and
there are no Agreement provisions that preclude Engine Foremen from using the
CRT. Accordingly, in view of the incompleteness of this record, particularly
as it relates to the actual time spent on assorted specific clerical duties,
we must, of necessity, conclude that the work performed was limited in nature.
Thus, the Scope Rule was technically violated. We will not award a monetary
remedy, since establishing the exact dimensions and duration of the work involved is beyond measurab
review the Engine Foremen's duties to determine what work normatively and
incidentally accrues to that position. Work that accrues to the Clerks must
be assigned to that craft or penalties will be justified.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ,
'Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1990.