This Claim involves an allegation that Carrier's Rip Track Foreman at Council Bluffs, Iowa, performed yard checking of the Rip Track, on a daily basis. The Organization maintains that its Scope Rule, a "Positions or Work" rule, prohibits the performance of work covered by the Agreement by strangers to the Agreement. Carrier maintains that the making up of switch lists is not work exclusively performed by employees subject to the Clerk's Agreement and it was permissible to have the Rip Track Foreman make up the lists.
Preparing lists of tracks is most certainly work subject to the Clerk's Agreement. The parties have adopted a "Positions or Work" Scope Rule. In the accepted application of this type Scope Rule it is not necessary for the Organization to demonstrate that the work alleged to have been performed by strangers to the Agreement was exclusively that of Clerks. It is only necessary to demonstrate that Clerks performed the work at the location where the claim arose and that the work is now being performed by others.
In this record, carrier acknowledges that Clerks in the past made the Rip Track lists which are now being completed by tt^- Car Foreman. Under the application of a "Positions or Work" Rule: This is sufficient to support a conclusion that the work was re-oved from the application of the Agreement.
The Board concludes, however, that the reparations sought for the violations are excessive. The organization has claimed eight hours straight time for each instance the Rip Track Foreman made up a list. At best the preparation of these lists did not take an hour to complete. Any penalty in excess of an hour in the circumstances present here would be grossly excessive. The Board will therefore award each Claimant one hour pay at straight time rates for each date of claim.
CARRIER MEMBERS' DISSENT
TO
AWARD 29702, DOCKET CL-29760
(Referee Fletcher)
The Organization submitted as its evidence, bulletins for Positions 015, 005 and 011, yard clerk positions at Council Bluffs and a May 10, 1987 listing done by the foreman of the rip track two mociths prior to this claim. While these three positions had speclrlc duties to C:i~cx inbound and outbound trains, check yard and icidustry track arid prepare switch lists, there was no evidence that the rip track was included in these assignments. Furthermore, Claimants were Llot the incumbents of any of these positions but held regular relief positions and were never shown to have track checxing as part vi their assignment. Third Division Awards 29706, 29361, 28884 and :8882..
there never was any evidence that the rip track foreman's duties were covered under the organization's "Position and Work" scope rule. As noted, the claim filed was for specific work at a specific location beginning on July 1, 1987. Absent any evidence that, beginning Jul, 1, 1987, Claimants, in particular, and the Organization in genera:, were deprived of performing reserved work, there is no basis fur the conclusion made in this Award that the Claimants/Organization were aggrieved. The record in Award 29702 does not support the conclusion reached and we vigorously dissent.
