Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29401
THIRD DIVISION Docket No. CL-29843
92-3-91-3-207
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-10564) that:
1. Carrier violated the Agreement on/or about January 1, 1988, when
they contracted with Airport Messengers Service to handle documents for validation on the basis of t
and U.S. Customs Office at the International Airport, Atlanta, Georgia. This
work was assigned to and performed by the Messenger/Utility Clerk formerly
held by Mr. J. D. Duke and could not be removed from the coverage of the Scope
Rule without as expressly agreed upon between the General Chairman and Personnel and Labor Relations
2. As a result of the above violation, Carrier shall be required to
compensate the Senior Idle and Available Employe eight (8) hours' pay at the
rate of Porter Drivers (incumbents on Positions 107, 120, 208, 210, 310 and
315). Should there not be an available employe who could have performed this
messenger service that Carrier contracted out to Airport Messengers Service at
the straight time rate, then this claim would be for eight (8) hours' pay at
the overtime rate of the Porter Driver positions shown herein, or their own
regular assignment, whichever :s higher, for three (3) days per week.
Mondays, Wednesdays, and Fridays of each week.
3. This claim is to be continuous commencing on April 25, 1988,
for three (3) days each week, Monday, Wednesday and Friday, until this violation is satisfact
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 ,Tune 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Form 1 Award No. 29401
Page 2 Docket No. CL-29843
92-3-91-3-207
Parties to said dispute waived right of appearance at hearing
thereon.
The Organization contests the alleged transfer of delivering docu-
ments from Carrier's Hulsey Intermodal Facility to the United States Customs
Office at the Atlanta International Airport from clerical forces to a messen
ger service.
Initially, the Carrier argues that the claim is procedurally defective inasmuch as the Organizat
prescribed by Rule 37. The time limit for submitting a claim starts as of the
time it is reasonable to anticipate knowledge by the Organization and there is
nothing of record to suggest that the Organization had knowledge prior to the
date stated by it.
Carrier's argument concerning unnamed Claimants has not been considered because it was not made
The Carrier has argued exclusivity in this case, but the Scope Rule
in force between these parties is not general in nature and thus, exclusivity
need not be established. We feel that the Carrier has conceded that it has
eliminated certain work from the clerk craft and that action is precluded by
the "Positions or work" Rule.
Finally, we consider the monetary claim. The Organization submitted
a claim for eight hours pay for three days per week. The basis for that claim
is not explained. In prior Awards we specifically stated that the Board would
not entertain speculative claims which were not fully advanced and/or developed on the property. How
specific number of hours involved, stating only that the claim was "excessive." In its Submission it
Service averaged two trips per week with each trip requiring at most two hours
to perform. Still, no evidence was forthcoming to document such assertion.
Nevertheless, analysis of the record reveals that concurrent with the
March 18, 1988 abolishment of Messenger/Utility Position No. 160, with the
exception of the disputed duties, all remaining duties were reassigned to
Position Nos. 103 and 203, 107-208-310, or 120-210 and 315. We conclude that
the claim shall be remanded to the parties for a joint check of Carrier's
records to determine the proper Claimant who shall be allowed a call three
days per week until the violation ceases.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 17th day of September 1992.
NATIONAL RAILROAD ADJUSTMENT BOARD
8arial No. 353
THIRD DIVISION
INTERPRETATION NO. 1 TO AWARD NO. 29401
DOCKET NO. CL-29843
NAME OF ORGANIZATION: Transportation Communications
International Union
NAME OF CARRIER: CSX Transportation, Inc.
(former Seaboard Coast Line
Railroad Company)
This matter has been returned to the Board, on the request of
the organization, for an Interpretation. The Board reviewed the
written arguments and heard oral presentations of the parties. We
find that the Award that was rendered by this Board on September
17, 1992, sustained a claim and it remanded the dispute to the
parties for a joint check of Carrier's records to determine the
proper claimant who shall be allowed a call three days per week,
until the violation ceases.
In its response to the organization's request for an
Interpretation, CSXT states that it is not a party to the instant
dispute. The Carrier advises that it made appropriate payments
through January 1992, but that (prior to the issuance of the Award)
on February 1, 1992:
"...pursuant to an agreement between TCU, CSXT and
CSX/Sea Land Terminals, Inc., the disputed work and other
work at the intermodal terminals was transferred from
CSXT to CSX/Sea Land Terminals. Contemporaneous with the
transfer of the intermodal terminals' work, TCU and
CSX/Sea Land Terminals entered into a new collective
bargaining agreement. It is the interpretation of that
new bargaining agreement which is the focus of TCU's
present dispute with CSX/Sea Land Terminals."
We reviewed the Agreement referred to above and note that the
Terminal Company and TCU agreed to adopt the provisions of the
TCU/CSXT Agreement and all work of the TCU craft or class shall be
performed by employees holding seniority rights in and assigned to
positions in the office and departments at locations and on the
seniority districts as shown in that Agreement.
In short, the new Agreement did not seek to eliminate various
clerical duties from coverage in the new Agreement.
In essence, Award 29401 found that the work in question was
covered by the Scope of the Agreement and, when the new Agreement
transferred the clerical work, without exception, the work which
was the subject of the cited Award was transferred as well. See,
in this regard, Award 3, Public Law Board No. 5439.
Referee Joseph A. Sickles, who sat with the Division as a
neutral member when Award 29401 was adopted, also participated with
the Division in making this Interpretation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 8th day of August 1994.