NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30036
Docket No. CL-29836
94-3-91-3-214
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville
(& Nashville Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood (GL-10567) that:
1. Carrier is in violation of the Clerical
Agreement at Birmingham, Alabama on
August 18, 1989, by requiring and/or
permitting Yardmaster J. R. Roberts at
the Bowl Yard to run record and line up
cars for switchmen to switch at Bowl
Yard.
2. Claimant, Senior Clerk Available, extra
clerk in preference, shall now be
compensated eight (8) hours' pay at the
rate of Utility PICL Clerk No. 106 for
August 18, 1989, in addition to any other
pay this Claimant may have already
received for this date. Return this work
to the clerical employes covered by this
Agreement."
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. 30036
Page 2 Docket No. CL-29836
94-3-91-3-214
As Third Party in Interest, the United Transportation Union,
was advised of the pendency of this dispute, but did not file a
Submission with the Board.
At Boyle's Yard, Birmingham, Alabama, on August 18, 1989, a
yard crew called a Yardmaster to advise him of an extra car in a
cut of cars pulled from the Classification Yard. The Organization
states that the Yardmaster pulled the record of the car by use of
a computer terminal and then advised the Foreman as to disposition
of the car. The organization argues that the information should
have been provided to the PICL Clerk to take the necessary action
with the Foreman.
Much of the argument provided to the Board concerns the
Yardmaster's utilization of the computer. It is the responsibility
of the PILL Clerk to set the disposition as raw information into
the computer of cars and their destination, however, this is not
the issue, since the Organization concedes that it "takes no
exception to Yardmasters searching car records via the CRT." The
Organization has not demonstrated that the Yardmaster's utilization
of the information which he properly retrieved from the computer
constitutes a Rule violation.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Catherine Loughri Interim Secretary to the Board
Dated at Chicago, Illinois, this 17th day of February 1994.