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:



STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood


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.



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.








Attest: Zb" , ~ -

            sksic

        Nancy J./i y¢f - Executive Secretary


Dated at Chicago, Illinois, this 3rd day of April 1992.