Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29404
THIRD DIVISION Docket No. CL-29862
92-3-91-3-260
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. (Louisville and Nashville
( Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10585) that:
1. Carrier violated the Agreement when on November 9, 1989, it failed
or refused to call Senior Available Employe or an Extra Clerk to perform extra
clerical duties of cleaning the carpet at the Traffic Office, specifically, in
the Office of Claim Agent, Mr. R. D. Stranger, in lieu of allowing this work
to be performed by an outside contractor, Stanley Steemer, at 2:00 PM.
2. Carrier shall now compensate the Senior Available Employe, extra
in preference, at :he Utility Clerk's rate of $109.05 for the above violation."
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.
The Organization asserted a violation of the Agreement when the Carrier contracted for an outsid
office of the Claim Agent, asserting that the "...duty of cleaning carpets at
Montgomery, has always been the duty of the clerical forces at Montgomery
....
Carrier admitted use of the Stanley Steemer Company, but asserted
that clerical employees vacuum the carpet on a regular basis, but "...there is
no equipment available, and never has been, for the shampooing of carpet at
Montgomery. Further, the clerical employees have not had any training in the
shampooing of carpets and, therefore, do not possess the expertise to perform
this work."
Form 1 Award No. 29404
Page 2 Docket No. CL-29862
92-3-91-3-260
During the handling on the property, it was determined that on one
occasion, Carrier permitted a Clerk to rent carpet cleaning material and
perform cleaning duties. However, the Carrier advised that it does not have
the equipment necessary to steam clean and the work cannot be performed to the
necessary standards by using rental equipment.
The Carrier does not dispute in this case that the Clerks perform
vacuuming functions, but that work is not at issue herein.
Although the Organization asserts that it has always performed the
disputed work, the evidence only shows a one-time incident with use of rental
equipment. Regardless of the type of Scope clause involved, we do not
conclude that one isolated instance operates to place the work within the
Scope of the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ncy J. ;e Executive Secretary
Dated at Chicago, alinois, this 17th day of September 1992.