Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29175
THIRD DIVISION Docket No. CL-29332
92-3-90-3-232
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-10439) that:
1. Carrier violated the Agreement when it failed and/or refused to
call the Senior Availaole Employe or an extra clerk to perform extra work done
by an employe located at Jacksonville, Florida.
2. Carrier snall now compensate the Senior Available Employe, extra
in preference, at the General Clerks rate of $114.32 for violation of November
7, 1988."
.
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.
On November 7, 1988, a shipper contacted the Carrier's Jacksonville
Centralized Waybilling Center and requested the Carrier to divert CCBX 58069,
then located at New Orleans, Louisiana, to a new destination. A clerk at
Jacksonville prepared an advance/prepaid only waybill to cover the reassignment charges resulting fr
At the time the Jacksonville clerk issued the new waybill, New
Orleans was located in the geographic area served by the Mobile, Alabama,
Transportation Service Center (TSC). Clerical employees at Jacksonville are
governed by the Seaboard Coastline :forking Agreement while Mobile Transportation Service Center cle
Louisville and Nashville Railroad.
Form 1 award
No.
29175
Page 2 Docket
No.
CL-29332
92-3-90-3-232
The Organization initiated a claim on November 28, 1988, alleging
that the Carrier impermissibly transferred work within the scope of the
Louisville and Nashville Railroad Schedule Agreement to employees covered by a
different working Agreement. In 1987 and by Agreement, many field clerical
unctions were centralized and consolidated at various transportation service
centers across the Carrier's combined system. Despite the consolidation, the
Carrier lacked the contractual right to transfer work from one transportation
service center to another. According to the Organization, when a car, located
at an intermediate point, is diverted from its original destination, the prepaid waybill and reconsi
prepared at either the intermediate point or the transportation center serving
the intermediate point. Thus, the Organization concludes that the Carrier improperly deprived work f
The Carrier contends that for many years, the location receiving the
shipper's instruction prepared reconsignment waybills. The Carrier emphasizes
that a shipper may call an agent, at either the origin or destination points,
Dr a customer service representative or a centralized waybilling center. In
this case, the Carrier argues that since the shipper contacted the Jacksonville Center, Jacksonville
reconsignment waybill to insure that the car was rerouted and the shipper
billed for additional charges.
This Board finds that the Organization failed to marshall sufficient
evidence to prove that the work in question exclusively accrued to Mobile TSC
clerks or that the Carrier transferred work from the former Louisville and
Nashville Railroad to the former Seaboard Coastline Railroad. Frequently, a
shipper changes the destination of its lading by contacting an agent or the
transportation service center serving the point where the car is currently
located. However, on occasion, a shipper conveys his diversion instructions
to a transportation service center or an agency which does not serve the location where the car is l
documentary evidence that, in the past Mobile TSC clerks prepared reconsignment waybills even when t
addition, the Organization has not proven that the Carrier transferred work
from one component railroad to another inasmuch as the Carrier did not establish any centralized off
Thus, if the shipper had called the Mobile TSC, then those employees would
have been entitled to prepare the waybill even if the car had not, at the time
of the shipper's call, been located within the geographic area served by the
Mobile TSC.
In reaching our decision, the Board did not consider Item 2405.40(g)
of Circular No. 48 inasmuch as the Organization did not raise this evidence on
the property.
We must deny this claim for want of proof.
Form 1 Award No. 29175
Page 3 Docket No. CL-29332
92-3-90-3-232
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
cy J. e - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.