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)
ST.ATEKENT OF CLAL1: "Claim
Dr
the System Committee of the Brotherhood
(GL-LJ:o8) that:
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois,
this
21st day of October 1992.