Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29398
THIRD DIVISION Docket No. CL-29822
92-3-91-3-190
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(former Seaboard Coast Line Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10561) that:
1. Carrier violated the terms of the Scope Rule when it improperly
removed the duty of checking and writing up tracks at the TOFC Facility and
gave this work to employes not covered by Agreement Rules.
2. As a consequence of the aforementioned violation, the Carrier
shall now compensate D. A. Scheibe or the Senior Available clerical employe
eight (8) hours' pay, each shift, beginning June 13, 1987, until such work is
returned to the employes."
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.
In 1986, the Carrier consolidated TOFC facilities at Moncrief Yard
and West Jacksonville into a facility in Jacksonville, Florida. The Organization argues that prior t
trailer companies were used for the sole purpose of inspecting trailers for
mechanical defects. After the consolidation, three clerical positions were.
abolished and, it is asserted, the checking and verification of inbound flat
cars and trailers was transferred to Carrier's Inspectors.
Form 1 Award No. 29398
Page 2 Docket No. CL-29822
92-3-91-3-190
The Organization cites and relies upon Rule 1, its Scope Rule, which
precludes the removal of positions or work, and in its claim it cited numerous
examples of the alleged violation.
In the initial denial on the property, the Carrier contended that the
cited documents were Inspectors' documentation of their visual checks, and
inspection of trailers at Jacksonville ramp "...has been performed by noncontract personnel for a nu
Organization does not deny the just quoted assertion, but rather, it argues
that the documentation contains a great deal more than a showing of a visual
check of trailers.
In essence, the Organization asserts the issue to be the "...listing
and verification of inbound flat cars and trailers against advance consists or
yard transfers of piggyback shipments."
The Carrier insists that Inspectors have performed the work in question for years by use of a J-1 fo
In our review of this rather extensive record we are inclined to
determine that the Clerks have not established the basis for the Claim by the
preponderance of the evidence necessary, and we will deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
cy J. D ~= 0000'
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Dated at Chicago, Illinois, this 17th day of September 1992.