Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28738
THIRD DIVISION Docket No. CL-28732
91-3-89-3-127
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Transportation Communication 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-10347) that:
1. Carrier violated and continues to violate the intent and provisions of the current Clerks' Ag
January 29, 1988, when it failed and/or refused to correctly adjust the assigned hours of Head Claim
3:30 p.m., and
2. J. L. Dolan shall now be compensated one and one-half (1-1/2)
hours at the time and one-half rate from 3:30 p.m. to 5:00 p.m., for each day
Monday through Friday commencing January 29, 1988 at the rate of $108.10 per
day, plus all general wage increases, until the violations are terminated and
the hours for Position No. 6214 are 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.
In this dispute, the Organizatiqn contends that Carrier violated the
controlling Agreement, particularly Rule429, though other rules are cited as
pertinent, when the Carrier failed and/or refused to adjust the assigned hours
of Position
No.
6214 Head Claim Clerk. By way of background, Position No.
6214 had been modified circa March, 1987, which included a change in title and
an incremental increase In the compensatory rate. The hours of the position
were also changed to 8:00 A.M. to 5:00 P.M. with a lunch period from 12 Noon
to 1:00 P.M. On March 1, 1988, the organization requested Carrier to reexamine the assignment and ch
No.
6214 to 7:30 A.M. to
Form 1 Award No. 28738
Page 2 Docket No. CL-28732
91-3-89-3-127
3:30 P.M. It was its belief that because there were three shifts in the San
Diego Yard Office which covered work of the same character for a 24 hour
period, two of which, the afternoon and midnight shifts worked eight (8) continuous hours, Carrier w
reflected consecutive assignments. Under the arrangements at the San Diego
Yard Office, the schedule of hours was structured as follows:
"Position No. 6214 - 8:00 A.M. - 5:00 P.M. Lunch 12 - 1 P.M.
Position No. 6210 - 3:30 P.M. - 11:30 P.M. Lunch 20 minutes
Position No. 6213 - 11:30 P.M. - 7:30 A.M. Lunch 20 minutes"
In response, Carrier points out that the three (3) positions do not
cover a 24 hour period since there is no duty coverage between 7:30 A.M. to
8:00 A.M. and between 1:00 P.M. to 2:00 P.M. Further, these positions do not
work around the clock, seven (7) days a week and the character of work among
these positions is distinguishable. It maintains that Position No. 6214 performs claims inspecting a
by Position Nos. 6210 and 6213.,
In considering this case, we concur with Carrier's position. Firstly, there was no proof that th
period. Secondly, there was no indisputable evidence that Position No. 6214
performed work of the same character as the other positions. Carrier has
demonstrated to the satisfaction of the Board that Position No. 6214 performed
duties of a qualitatively different nature and this showing was not overcome
or placed into reasonable doubt by the Organization's evidence. Since the
Organization as the moving party has the responsibility to establish the bona
fides of its Claim, we are not convinced by this record that it has met this
evidentiary obligation. We find no violation of Rule 29 or other Rules.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: 000,
Nan y J. r -'Executive Secr ary
Dated at Chicago, Illinois, this 28th day of March 1991.