Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31423
Docket No. CL-31062
96-3-93-3-27

The Third Division consisted of the regular members and in addition Referee Dana E. Eischen when award was rendered.

(Transportation Communications International ( Union PARTIES TO DISPUTE: (CSX Transportation, Inc. (former ( Louisville and Nashville Railroad Company)






FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and ail 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.
Form 1 Award No. 31423
Page 2 Docket No. CL-31062
96-3-93-3-27

Prior to October 1978, the Data Clerk at Ravenna, Kentucky went to the Riverview Hotel, knocked on doors, and gave T&E crew's their calls in person. In October 1978, Carrier installed a railroad maintained phone system in the Riverview Hotel, with the controlling telephone located on the Crew Callers desk at Ravenna. Subsequent to that date, and until August 14, 1989, the Crew Caller at Ravenna would call the rooms and give the crew members their individual calls.


On August 10, 1989, under Notice 289, the Carrier issued the following instructions:




Since mid-August 1989, the desk clerk at the Riverview Hotel has been knocking on doors and giving the calls to crew members.


The Organization submitted a claim alleging that Carrier .had violated the Agreement when it "permitted and/or contracted work belonging to the Clerical organization to be performed by the hotel clerk at the Riverview Hotel beginning August 14, 1989."




Form 1 Award No. 31423
Page 3 Docket No. CL-31062


      For many years prior to January, 1989 the Carrier's Crew Callers have left call information with employee's family members, friends, other employees and hotel clerks at other locations."


The denied claim was appealed to this Board by Notice of Intent filed by the Organization, dated January 14, 1993. The matter was held in abeyance by joint agreement, however, pending the outcome of another similar claim which eventually was decided in Third Division Award 29433. Also pertinent is recent decision Third Division Award 27166, which dealt with esentially the same issues raised in the present case. Leaving aside arguments raised belatedly and barred by Circular No. 1, we find nothing in the present record which justifies a different result than that reached in Awards 27166 and 29433.


                          AWARD


      Claim denied.


                          ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                            Dated at Chicago, Illinois, this 21st day of March 1996.