NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29868
Docket No. CL-30047
93-3-91-3-479
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(Chicago SouthShore & South Bend Railroad
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood (GL-10622) that:
1. Carrier violated the effective agreement
when on July 7 and 8, 1990, it required
employes not covered by the scope of said
agreement to perform work reserved to
employes covered thereby;
2. Carrier shall now compensate Mr. Wayne
Gibson eight (8) hours' pay at the time
and one-half rate for July 7, 1990, and
shall compensate Mr. Sam Cushway eight
(8) hours' pay at the time and one-half
rate for July 8, 1990.1'
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.
As Third Party in Interest, the United Transportation Union
was advised of the pendency of this dispute and filed a Submission
with the Board.
Form 1 Award No. 29868
Page 2 Docket No. CL-30047
93-3-91-3-479
On two dates, when a clerical position was vacant (awaiting
assignment by bulletin) Trainmen listed cars and then turned the
list over to a Clerk for processing. The Organization contends
that this activity violated its Scope Rule, which it contends
reserves work referred to, or coming within the scope of the
Agreement to employees assigned under the Agreement. Rule 1 reads:
"RULE 1
SCOPE AND WORK OF EMPLOYEES AFFECTED
(a) These rules shall govern the hours of service and
working conditions of all employees engaged in the
work of the craft or class of clerical, office,
station, and storehouse employee as such class or
craft is or may be, defined by the National
Mediation Board. Positions or work referred to in,
or coming within the scope of, this agreement
belong to employees covered thereby and no work or
positions shall be removed from the application of
these rules except by agreement between the parties
hereto, nor shall any officer or employee not
covered by this agreement be permitted to perform
any clerical, office, station or storehouse work
which is not incident to his regular duties except
by agreement between the parties signatory hereto.
(b) Any function performed by work now or heretofore
assigned to employees subject to this agreement
shall continue to be work subject to this agreement
irrespective of any change in the means by
which
such function is performed."
The organization has established that the work performed by
train crews on July 7 and 8, 1990, had previously been performed by
the occupant of the vacant position awaiting assignment by
bulletin. As such this work was included within its Scope Rule.
When it was performed by train crew members, strangers to the
Agreement, the Scope Rule was violated. The claim has merit. It
will be sustained.
A W A R D
Claim sustained.
Form 1 Award No. 29868
Page 3 Docket No. CL-30047
93-3-91-3-479
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Catherine Loughrin - d~hterim secretary to the Board
Dated at Chicago, Illinois, this 26th day of October 1993.