Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29173
THIRD DIVISION Docket No. CL-29330
92-3-90-3-248
The Third Divis_on consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX -ransportation, Inc.
(Formerly The Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-_)435) that:
1. Carrier violated the Agreement when it failed and/or refused to
call the Senior Available Employe or an extra clerk to perform extra clerical
work done by a Supervisor.
2. Carrier shall now compensate the Senior Employe, extra in preference, at the Operators rate o
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, =:-.cs that:
The carrier or _arriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as app.-Dved June 21, 1934.
This Division
D:
the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said iispute waived right of appearance at hearing thereon.
After a train arrived at Flomaton, Alabama, on October 29, 1988, the
Flomaton Trainmaster sen_ a message to the Mobile, Alabama, Chief Train Dispatcher and a train crew
train arriving at Flomat:n needed special handling. The Trainmaster sent the
communication through the Administrative Message Switching System (AMSS) which
is an electronic mail system.
The message in :uestion was more akin to an administrative communication as opposed to a =essage
differently, the Organization has failed to meet its burden of proving that
the contents of the message covered other than ministerial or administrative
matters. The purpose of the message was simply to give instructions to expedite certain rail cars. T
that Clerks or Telegraphers had handled this type of message in the past or
that the message governed the movement of trains. See Public Law Board No.
2470, Award 71.
Form 1 Award No. 29173
Page 2 Docket No. CL-29330
92-3-90-3-248
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
0001".0
PO
-Nancy J. r -~rxecutive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.