NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29706
Docket No. CL-29803
93-3-91-3-186
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
PARTIES TO DISPUTE: (Transportation Communications International
(Union
(
(Chicago and North Western Transportation
(Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood
(GL-10559) that:
1. Carrier violated the effective agreement, in
particular Rule 1 thereof, when on various
dates it required and/or permitted non
covered employes to perform yard checking
for the preparation of switch lists at
Council Bluffs, Iowa, work which is reserved
to employes covered by said agreement:
2. Carrier shall now compensate the following
Claimants eight (8) hours' pay at the rate
of Yard Clerk for the dates set forth below:
Mr. M. J. Carroll: July 1, 2, 3, 6, 7, 8,
10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24,
27, 28, and 29, 1987.
Mr. W. J. Leggio: July 5, 11, 12, 18, 19,
25 and 26, 1987."
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 employe 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 were given due notice of hearing
thereon.
Form 1 Award No. 29706
Page 2 Docket No. CL-29803
93-3-91-3-186
This Claim was filed on August 17, 1987. At that time the
organization argued that its "Position or Work" Scope was violated
when Conductors were used for "checking and writing up switch lists
of their trains." The operation involved in the Claim has been
described by Carrier as:
"This assignment is a through freight train
that operates between Council Bluffs and
Fremont in turnaround service. The conductor
is furnished with a printed wheel report of
cars in his train prior to his departure from
Council Bluffs or Fremont. The conductor
records any pick ups and/or set outs made
enroute on the wheel report. When he arrives
at his final terminal he turns in his wheel
report to a yard clerk, who in turn enters the
information into the computer. Once the
information is entered into the computer
system, a printout is generated, which is then
used for switching purposes."
This description of the work involved in this claim, which is
not adequately refuted by the organization, does not demonstrate
that a violation of the Scope Rule occurred. In order to
demonstrate that a violation of a "Position or Work" Scope Rule
occurred, it is first necessary to show, with convincing evidence,
that the specific work being performed by strangers to the
Agreement had in fact been performed by employees subject to the
Agreement and has now been removed. This showing is missing in
this case.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Na cy J er, Secretary To The Board
Dated at Chicago, Illinois, this 16th day of July 1993.