Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29174
THIRD DIVISION Docket No. CL-29331
92-3-90-3-250
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-10437) that:
1. Carrier violated the Clerical Agreement at Mobile, Alabama on
October 3, 1988 when it allowed and/or required an employe at Birmingham,
Alabama, to perform work assigned to the Transportation Service Center at
`lo bile, Alabama.
2. As a resui: )f 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 ~',:C/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, : _ ;ds t'liat:
The carrier or -3rriers and the employe or employes involved in this
ispute are respectivel. carrier and employes within the meaning of the
Railway Labor Act as aD:roved June 21, 1934.
This Division
D°
the Adjustment Board has jurisdiction over the
dispute involved herein..
Parties to said dispute waived right of appearance at hearing thereon.
On September 29, 1988, the Carrier discovered that two rail cars
originating at
Monroeton, Alabama,
had moved, without waybills, to Birmingham,
Alabama. Clerks at Birmingham classified the cars as "no bills," ascertained
the correct billing information and then prepared the car billings.
Unlike the fac's in Third Division Award 29167, the Organization did
not proffer any evidence in this case that a supervisory employee performed
scope covered work. The remaining issue in this case is identical to the
seniority district jurisdiction issue which we adjudicated in Award 29167.
For the reasons more f~i'_y set forth in Award 29167, we must deny this claim.
Form 1 Award No. 29174
Page 2 Docket No. CL-29331
92-3-90-3-250
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er'- Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.