_ NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29749
Docket No. CL-28537
93-3-88-3-363
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood (GL-10299) that:
1. Carrier violated the Agreement between
the parties when, commencing April 7,
1987, and continuing, it required and/or
permitted Roadmaster G. A. Maurer and
other Carrier Supervisors to prepare
bills for ODP approval and preparation of
vehicle bills for 129V. This is work
that has customarily and historically
been performed by employes of the
clerical craft and class at Bluefield,
West Virginia. In support of this claim,
we cite Rules 1, 3, 34, 35, 37 and 42,
among others, of the Master Clerical
Agreement dated April 1, 1973, as revised
January 8, 1979.
2. .1s a result of the foregoing violation,
the Carrier shall now be required to
compensate R. E. Elliott with eight (8)
hours' pay at the rate of $19.24 per
hour, commencing on April 7, 1987, and
continuing until claim is resolved; this
pay to be in addition to any other pay
received on claim date and to include any
future rate adjustments, including COLA."
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.
Form 1 Award No. 29749
Page 2 Docket No. CL-28537
93-3-88-3-363
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
At the relevant time, Claimant held the position of regularly
assigned the Roadmaster Clerk in the Division Engineer's office at
Bluefield, West Virginia. As framed by the Claim and as argued by
the Organization, the organization asserts that commencing April 7,
1987, the Roadmaster began to perform the work of preparing bills
for ODP approval as well as preparation of vehicle bills for 129V,
which work was allegedly previously performed by Claimant.
There are insufficient facts developed on the property for
this Board to conclude that the Organization has met its burden.
The claim will therefore be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
c
Q-~,('~
Catherine Loughrin - 4terim secretary to the Board
Dated at Chicago, Illinois, this 20th day of September 1993.