Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29128
THIRD DIVISION Docket No. CL-29092
92-3-90-3-10
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:
(Green Bay and Western Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10410) that:
1. Carrier violated the provisions of the current Agreement, particularly Rule 1 when on March 1
Claim Agent and effective the same date, Mr. W. Magaurn was appointed Manager
of the Accounting Department and upon assuming said position he additionally
assumed the duties of the abolished Freight Claim Agent position and continues
to perform such duties of the abolished position, and
2. Carrier shall now be required to divide the sum of $2,425.19 per
month, which represents the wages of the abolished position, among All of the
Employes who hold a position covered by the TCU Agreement, beginning with the
date of March 1, 1988 and continuing until the violation of which we complain
ceases."
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.
Effective March 5, 1988, Carrier abolished the position of Freight
Claim Agent. Simultaneously, the former incumbent of that position was named
as Manager of Accounting. The Claim herein is based on the assertion that
some of the Freight Claim Agent's work was retained by him when he became
Manager of Accounting, a non-covered position.
Form 1 Award
No.
29128
Page 2 Docket
No.
CL-29092
92-3-90-3-10
The Organization relies on the Scope Rule in this matter, which
provides that work performed by clerical positions cannot be removed from or
assigned to non-covered employees except by prior agreement.
Without consideration of a procedural question raised by Carrier,
there are a number of significant and fatal flaws in this dispute. There is
no evidence of any employee being deprived of earnings or aggrieved in any
fashion in this matter. Even more importantly, there is no identification in
the record of this claim of what work was being performed by non-clerical
employees. Particularly in alleged Scope Rule violations, it is a sine qua
non that the work in dispute must be identified; mere assertions are inadequate in the perfection of
For the reasons indicated, this Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'Nancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1992.