Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30872
Docket No. CL-30456
95-3-92-3-198
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-10786) that:
Claim No. 1 (File: 504-3935, Carrier's File: 6-(89-1136))
(a) That the Carrier violated theClerks
General Agreement when on June 22, 1989, it
allowed and/or permitted the shop craft
foremen to distribute payroll checks to the
shop craft employees in the Huntington
Locomotive Shop.
(b) That the Carrier shall now compensate
Clerk B. E. Warf, one (1) hours pay at the pro
rata rate for each pay period beginning June
22, 1989 and continuing until such time as
this violation is corrected and the work is
restored.
Claim No. 2 (File: 504-3936, Carrier's File: 6-(89-1148))
(a) That the Carrier violated theClerks
General Agreement when on June 22, 1989, it
allowed and/or permitted the shop craft
foremen to distribute payroll checks to the
shop craft employees in the Huntington
Locomotive Shop.
(b) That the Carrier shall now compensate
Clerk D. J. Belville, one (1) hours pay at the
pro rata rate for each pay period beginning
June 22, 1989 and continuing until such time
as this violation is corrected and the work is
restored.
Form 1 Award No. 30872
Page 2 Docket No. CL-30456
95-3-92-3-198
Claim No. 3 (File: 504-3937, carrier's File: 6-(89-1169))
(a) That the Carrier violated theClerks
General Agreement when on June 22, 1989, it
allowed and/or permitted the shop craft
foremen to distribute payroll checks to the
shop craft employees in the Huntington
Locomotive shop.
(b) That the Carrier shall now compensate
Clerk R. L. Scarberry, one (1) hours pay at
the pro rata rate for each pay period
beginning June 22, 1989 and continuing until
such time as this violation is corrected and
the work is restored.
Claim No. 4 (File: 504-3938, Carrier's File: 6-(89-1170))
(a) That the Carrier violated theClerks
General Agreement when on June 22, 1989, it
allowed and/or permitted the shop craft
foremen to distribute payroll checks to the
shop craft employees in the Huntington
Locomotive Shop.
(b) That the Carrier shall now compensate
Clerk M. A. Jordan one (1) hours pay at the
pro rata rate for each pay period beginning
June 22, 1989 and continuing until such time
as this violation is corrected and the work is
restored.
Claim No. 5 (File: 504-3939, Carrier's File: 6-(89-1144))
(a) That the Carrier violated theClerks
General Agreement when on June 22, 1989, it
allowed and/or permitted the shop craft
foremen to distribute payroll checks to the
shop craft employees in the Huntington
Locomotive Shop.
(b) That the Carrier shall now compensate
Clerk F. W. Johnson, one (1) hours pay at the
pro rata rate for each pay period beginning
June 22, 1989 and continuing until such time
as this violation is corrected and the work is
restored.
Form 1 Award No. 30872
Page 3 Docket No. CL-30456
95-3-92-3-198
Claim No. .1 (File: 504-3940, Carrier's File: 6-(89-1163))
(a) That the Carrier violated the Clerks
General Agreement when on June 22, 1989, it
allowed and/or permitted the shop craft
foremen to distribute payroll checks to the
shop craft employees in the Huntington
Locomotive Shop.
(b) That the Carrier shall now compensate
Clerk B. A. Gibson, one (1) hours pay at the
pro rata rate for each pay period beginning
June 22, 1989 and continuing until such time
as this violation is corrected and the work is
restored.
Claim No. 7 (File: 504-3941, Carrier's File: 6-(89-1164))
(a) That the Carrier violated the Clerks
General Agreement when on June 22, 1989, it
allowed and/or permitted the shop craft
foremen to distribute payroll checks to the
shop craft employees in the Huntington
Locomotive Shop.
(b) That the Carrier shall now compensate
Clerk R. H. Holley, one (1) hours pay at the
pro rata rate for each pay period beginning
June 22, 1989 and continuing until such time
as this violation is corrected and the work is
restored."
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.
This case involves a series of seven claims by clerical
employees who had been responsible for the distribution of pay
checks to shop craft employees in the Huntington Locomotive Shop.
Form 1 Award No. 30872
Page 4 Docket No. CL-30456
95-3-92-3-198
Effective June 22, 1989, certain functions were now to be performed
by the Shop Craft Foreman. Specifically, the Assistant Chief Clerk
placed groups of pay checks into envelopes for each Shop Craft
Foreman, who then distributed the checks to the shop craft
employees under their respective jurisdiction.
The organization pursued a claim arguing that work
historically assigned to clerical employees was being transferred
to shop craft employees in violation of the Scope Rule, Rule 1.
The organization argues that Rule 1(b) is a "Position and
Work" Scope Rule. It insists that such a Rule reserves and
preserves work to the position which has performed that work on
this Carrier for many years. Therefore, the Organization asks that
its claim be sustained.
Carrier, on the other hand, rejects that it violated the
Agreement. First, it urges that payroll distribution is not
mentioned in Rule 1. It contends that Rule is general in nature.
Thus, it contends that the Organization must show systemwide
exclusivity.
Second, Carrier insists that the claim is excessive. It
disputes that the task at issue takes any significant amount of
time. In fact, Carrier maintains that the task performed by the
Shop Craft Foreman is de min mus.
Rule 1(b) is a positions and work Scope Rule. Work such as
that in dispute here, which has been historically performed by
clerks at the Huntington Locomotive Shop is reserved to the
Organization and should be performed by its members. This is
because the work has come to fall under the position of Clerks.
However, we find no basis for any monetary claim here.
Frankly, the amount of time taken to perform the disputed function
is quite speculative. Stated simply, the organization has not
sufficiently established a basis for awarding monetary damages to
the Claimant.
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 30872
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95-3-92-3-198
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.