Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29442
THIRD DIVISION Docket No. CL-29844
92-3-91-3-215
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. (formerly The Louisville
(and .Nashville Railroad Company)



1. Carrier vioLated the Agreement when it failed and/or refused to call the Senior ~:aiiible _=pioye, or an Extra Clerk, to perform extra clerical work done by a Super
2. Carrier shall -::w compensate the Senior Available Employe, extra in preference, one (L) day's pay for each violation on the following dates, May 12, 22, 23, _, 25, 26, :0 and 31, 1989, at the rate of the Intermodal Clerk, $103.36 per day, a tDtal of $826.88."

FINDINGS:

The Third Division jf 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 Dijision of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The Organization asserts that a Supervisor entered bill of lading information into the "OIFX" function of the "TIC" program to notify the Clerk that a Bill of Lading had been received. The Organization argues that the bills of lading have always been handled by Clerks who entered the information directly.

Carrier Denied that the work is reserved to the Clerks by Agreement or past practice, nor was i_ ever exclusively clerk work but in fact, it "has spread to other avenues as a result of technological changes which are contemplated by your agreemen Form 1 Award No. 29442
Page 2 Docket No. CL-29844
92-3-91-3-215

In addition to certain objections dealing with failure to identify a Claimant and "de minimus" tie Carrier has also questioned that there is any evidence of record to even show that the Supervisor in question actually entered the bills of lading.

For the same basic reasons as stated in our decision in Third Division Award 29441, we are incli finding of a violation in Tnird Division Award 29401.






                            By Order of Third Division


Attest:
      Nancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 21st day of October 1992.