Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29441
THIRD DIVISION Docket No. CL-29837
92-3-91-3-216
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 Lousiville 6 Nashville Railroad Company)
STATEMENT OF C:_%1'!: " ;laim ): the System Committee of the Brotherhood
~,~L-L05,)9) that:
1. Carrier violated the Agreement when it failed and/or refused
to call the Senior Available Employe, or an Extra Clerk, to perform extra
clerical work done Dy a Supervisor.
2. Carrier ~tia1L now compensate the Senior Available Employe, extra
in preference, at tie lntermodal Clerks' rate of $103.36 for violation of June
15, 1989."
FINDINGS:
The Third Division
3E
the Adjustment Board upon the whole record
and all the evidence, find; that:
The carrier or carriers and the employe or employes involved in this
dispute are respectLvely carrier and employes within the meaning of the
Railway Labor act is 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 claim asserted that a Ramp Supervisor performed certain data
processing work (preparing ;-10 forms) for trailer/ containers in violation of
the Scope Rule. The Carrier asserted that.the work performed by the Supervisor has been done
It may n;t he necessary to prove traditional "exclusivity" in order
to prevail under a "posittorn and work" Scope Rule, but here, the Organization
repeatedly argued "ercLusivity" on the property, and the Carrier cited instances where Supervisors `
that it had no 'KnowLedge of said prior activity by Management.
Form 1 Award No. 29441
Page 2 Docket No. CL-29837
92-3-91-3-216
Without regard for the Carrier's assertion that the Claim fails to
identify a Claimant, that it is excessive and that it must be tested under a
General Scope Rule, even under a "position and work" Scope Rule, the Organization is required to sho
of the record before us, we can not find that such a showing was made.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT 30AR-D
By Order of Third Division
Attest:
ncy J. D ~/- Executive Secretary
Dated at Chicago, LLLinois, this 21st day of October 1992.