Form 1 NATIONAL
RAILROAD ADJUSTMENT
BOARD Award No. 29167
THIRD DIVISION Docket No. CL-29324
92-3-90-3-231
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Formerly The Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10438) that:
1. Carrier violated the Agreement at Mobile, Alabama on October 9,
1988 when it allowed and/or required an employe at Birmingham, Alabama, to
perform work assigned to the Transportation Service Center at Mobile, Alabama.
2. As a result of the above, the Carrier shall be required to
compensate the Senior Available Employe, extra in preference, one (1) day's
pay at the rate of the RWC/AWS Clerk at Mobile, Alabama, a total of $114.32."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, ::nds 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.
The main issue in this case is whether the Carrier impermissibly
allowed Birmingham, Alabama, clerical employees on Seniority District 7 to
perform certain waybilling functions instead of assigning the work to clerks
at the Transportation Service Center (TSC) at Mobile, Alabama. The Mobile TSC
is located on Seniority District 9. An ancillary issue is whether a supervisory employee performed <
clerical employees under the Scope Rule.
Form 1 Award No. 29167
Page 2 Docket No. CL-29324
92-3-90-3-231
Subsequent to the transfer of clerical work into various centers,
Mobile TSC Clerks prepared waybills for cars originating in Monroeton,
Alabama. In early October 1988, and for some unknown reason, four cars moved
without waybills from Monroeton to Birmingham. At Birmingham, clerks noted
that the cars were "no bills" and ascertained the correct billing information.
Next, a fully covered cierical employee billed three of the cars while a Supervisor-Agent billed one
at Mobile should have performed these waybill functions.
The Carrier concedes that if the cars were located at Monroeton or at
any other point within the jurisdiction of the Mobile TSC at the time the waybills were prepared, it
without bills, the Carrier contends that Birmingham clerks became responsible
for searching for the appropriate billing information and preparing waybills.
We agree. The preparation of waybills for "no bill" cars properly lies with
the clerks who discovered that the cars lacked waybills and work at the office
which services the point where the cars are located when they are noted "no
bills." In sum, the work properly accrued to the jurisdiction of Birmingham
clerks. The Carrier did not transfer any clerical work from Seniority District 9 to Seniority Distri
Nevertheless, _ie evidence demonstrates that a supervisor improperly
prepared one of the four waybills. The supervisor intruded into work reserved
to the class and craft n: clerical employees under Rule l(b). The record reflects that it took the f
of a little more than tree hours to prepare the four waybills. Therefore, we
will award one hour's pay to Claimant, which covers the approximate amount of
time that the supervisor spent to find the billing information and prepare one
waybill. The Carrier shall pay Claimant one hour's pay at the straight time
rate in effect during Cctober 1988.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Zb" , ~ -
Nancy J./i y¢f - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.