NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29815
Docket No. CL-29847
93-3-91-3-222
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. (former Louisville
(and Nashville Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood (GL10574) that:
1. Carrier is in violation of the Clerical
Agreement at Birmingham, Alabama on September
16, 1989, by failing and/or refusing to call
an extra clerk to work Driver/Bowl Clerk's
Position No. 216.
2. Claimant, Senior Clerk Available, Extra Clerk
in preference, shall now be compensated eight
(8) hours' pay at the rate of Driver Position
No. 216 in addition to any other compensation
this claimant may have already received for
this date."
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 waived right of appearance at hearing
thereon.
Form 1 Award No. 29815
Page 2 Docket No. CL-29847
93-3-91-3-222
On September 16, 1989, the Carrier blanked Driver/Utility
Clerk Position No. 216. When the computer is "down" an employee
must physically go to the Bowl office to check cuts of cars. The
Organization asserts that the Driver/Utility Clerk is the
designated person to go to the Bowl for that purpose, but here, the
incumbent of RWC/Billing Position No. 224 was used for that purpose
for four hours. The Carrier asserted that it may use "...whomever
we can whose work load is such that they can be pulled off their
job
. 11
But, in 1987, Carrier's Trainmaster certainly implied that the
occupant of Position No. 216, the title of which was Bowl Clerk at
that time, was the designated person to perform the task when he
wrote, concerning the Bowl Clerk:
"The Bowl clerk must be returned to the Bowl
within ten minutes after initial call. The
Bowl Yardmaster will allow enough time for the
Bowl clerk to return before pulling. If the
Bowl clerk is out on a move and cannot be
immediately sent to the Bowl the Supervisor
TSC will be contacted and will use another
emoloyee until such time as the Bowl clerk
returns
....
11
The Carrier's Director Labor Relations also made the following
concessions:
"On the date in question, due to a power
failure, the carrier's computer system, went
down and it was necessary to send an employee
to the Bowl Yard to check cars coming out of
the Bowl. The Supervisor on duty determined
that Clerk Willingham, occupant of Pos. No.
224, was sent to the Bowl to check cars in
compliance with Mr. Jacks' instructions."
We have often held that when a Carrier blanks a position it
does so at its peril, and cannot be heard to complain when its own
voluntary blanking action creates the problem. Under the Carrier's
cited language, it may use another employee to check the Bowl, "if
the Bowl Clerk is out on a move." That was not the case here. The
unavailability of the Driver/Utility Clerk (Bowl Clerk) was not
related to his absence because he was busy with other tasks; it was
related to the fact that the position was blanked.
Carrier asserted that portions of the Organization's
contentions were not handled on the property. This Board has
considered only the exchange of correspondence at that level.
Form 1 Award No. 29815
Page 3 Docket No. CL-29847
93-3-91-3-222
The fact that a Claimant was not named is not fatal since the
Organization described the appropriate person, and we refuse to
limit the amount of time payable under a call situation.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ~J~t.~,Le
u..~-~9-ct- .----
Catherine Loughrin -Interim Secretary to the Board
Dated at Chicago, Illinois, this 29th day of September 1993.