Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30870
Docket No. CL-30448
95-3-92-3-321
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Transportation Communications
( International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake
( and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Union
(GL-10792) that:
Claim No. 1 (File 85-1136, Carrier's file 6-190-0629))
(a) The Carrier violated Rules 1 and others
of the Clerks' General Agreement when it
unilaterally transferred crew calling
functions from Position T-3 to non-contract
employees of Motel Sleepers, and
(b) Claimant R. E. Taylor, his successor or
his substitutes shall now be allowed twenty
(20) minutes pay at the straight time rate, in
addition to other earnings, for each work day
and for each crew called by employees of Motel
Sleepers (determined through a joint check of
the Carrier's records) beginning on March 1,
1990 and continuing until the work is returned
to his position.
Claim No. 2 (File 85-1139, Carrier's file 6-(90-0630))
(a) The Carrier violated Rules 1 and others
of the Clerks' General Agreement when it
unilaterally transferred crew calling
functions from Position T-3 to non-contract
employees of Motel Sleepers, and
(b) Claimants C.. E. Robertson and F. E.
Peters, their successors or substitutes shall
now be allowed twenty (20) minutes pay at the
straight time rate, in addition to other
earnings, for each work day and for each crew
called by employees of Motel Sleepers
(determined through a joint check of the
Carrier's records) beginning on March 1, 1990
and continuing until the work is returned to
their positions.
Form 1 Award No. 30870
Page 2 Docket No. CL-30448
95-3-92-3-321
Claim No. 3 (File 85-1140, Carrier's file 6-(90-0631))
(a) The Carrier violated Rules 1 and others
of the Clerks' General Agreement when it
unilaterally transferred crew calling
functions from various Operator Clerk
positions at Gladstone, Virginia to employees
of Motel Sleepers at Gladstone, and
(b) Claimant D. S. Jackson shall now be
allowed twenty (20) minutes pay at the
straight time rate, in addition to other
earnings, for each date (as listed below) and
for each crew called by employees of Motel
Sleepers.
Claim No. 4 (File 85-1135, Carrier's file 6-(90-0632))
(a) The Carrier violated Rule 1 and others of the
Clerks' General Agreement when it unilaterally
transferred crew calling functions from Positions
T-13 and T-10 to non-contract employees of Motel
Sleepers, and
(b) Claimant F. M. Hunter, Jr. shall now be
allowed twenty (20) minutes pay at the
straight time rate, in addition to other
earnings, for each date and for each crew
called by employees of Motel Sleepers."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
For many years, Clerk-Operators at Gladstone, Virginia,
performed the work of calling both train and engine crews.
Effective August 31, 1989, Carrier directed that all crews lodged
Form 1 Award
No. 30870
Page
3
Docket
No. CL-30448
95-3-92-3-321
in Gladstone, Virginia, would be contacted by telephoning Motel
Sleepers, Inc. and by providing Motel Sleepers, Inc. the name of
the employee and the time for reporting.
The organization filed a claim asserting that Carrier's action
violated Rule 1, Scope. The Organization insisted that the Scope
Rule is a position and work Scope Rule entitling its members to
retain the work in question. As such, it asks that the claim be
sustained.
Carrier, on the other hand, urges that its action did not
violate the Agreement. It notes that for many years the crews at
Gladstone were lodged at the YMCA while they are tied up at
Gladstone awaiting their next call for service. The YMCA was
approximately
30
yards from the Gladstone Train Yard office.
Carrier claims that lodging arrangements with the YMCA expired on
August
31, 1989
at which time it arranged for crew lodging at Motel
Sleepers, Inc.
Carrier alleges that the claim is without merit. It also
insists that the requested remedy is not justified.
After reviewing the record evidence, we conclude that
Carrier's change on August
3, 1989
in the method of contacting
crews lodged in Gladstone, Virginia, violated the Agreement. We
find that prior to the change, regularly assigned Clerks would walk
from the Yard Office to the YMCA and physically notify crew members
of their call for service.
We see no basis for changing this historic practice,
which is
now embodied in the Scope Rule, simply because the building
formerly operated by the YMCA is now operated by Motel Sleepers,
Inc. Such a change cannot alter the import of a "positions and
work" Scope Rule. The work clearly belongs to Clerks and should be
performed by them.
We reject the Organization's claim for any monetary relief.
The amounts claimed are excessive and highly speculative. Under
the circumstances presented, no monetary relief is appropriate.
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 30870
Page 4 Docket No. CL-30448
95-3-92-3-321
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an Award favorable to the Claimant(s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 10th day of May 1995.