Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29327
THIRD DIVISION Docket No. MS-28810
92-3-89-3-165
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(J. A. Truchon
PARTIES TO DISPUTE:
(Indiana Harbor Belt Railroad Company
STATEMENT OF CLAIM:
"That the Indiana Harbor Belt Railroad violated Rules 1, 33(a),
33(i), and the Scope Rule of the schedule Agreement beteween IHB Railroad and
TCU (Clerks) when it abolished Position $700, Chief Clerk to the Comptroller,
on October 1, 1987. Therefore, ·1700 must be reestablished with myself as the
incumbent and that I be paid for all wages lost, punitive or otherwise."
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.
Effective October 1, 1987, the Carrier abolished the Claimant's
position as Chief Clerk, Job 11700, in the Comptroller's Office at Gibson,
Indiana. The Claimant thereafter filed a Claim, challenging the Carrier's
abolishment of the position.
The Claimant contends that the Chief Clerk position which was
abolished was part of a "supervisory group" of employees in the Comptroller's
Office. Claimant contends that since those positions performed the same class
of work, the lowest paid position should have been abolished rather than his
position of Chief Clerk.
Form 1 Award No. 29327
Page 2 Docket No. KS-28810
92-3-89-3-165
However, the record reveals that the Chief Clerk in the Comptroller's
Office was the only position coming under the Scope Rule of the Schedule Agreement with the authorit
reported directly to the Comptroller's Office on various matters and, therefore, that position was u
position of Chief Clerk was a one-of-a-kind position in the Comptroller's
Office, not part of a "supervisory group"; and, therefore, Rule 33(1) has not
been violated.
The claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ncy J. ev -Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1992.