Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31850
Docket No. CL-32308
97-3-95-3-140
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Chicago, Central and Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim
of
the District Chairperson
of
the Organization (File No. 154-CCP)
that:
(1) The Chicago, Central and Pacific Railroad Company violated the
Clerk's Agreement, specifically, SCOPE; Rule 2, Rates of Pay; Rule 4,
Rates
of
Positions and Appendix 2, Pay Class among other rules
of
the
Clerk's Agreement when Carrier improperly classified OIS Operator
Positions in Waterloo, Iowa at a Class II rate
of
pay and vastly increased
the duties and responsibilities of the OIS Operator Positions without any
rate increase.
(2) Chicago, Central and Pacific Railroad Company shall now be
required to compensate Claimants, inclusively all OIS Operators in
Waterloo, Iowa at a Class IV rate of pay beginning January 14, 1994 and
continuing each work day thereafter."
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.
Form 1 Award No. 31850
Page 2 Docket No. CL-32308
97-3-95-3-140
This Division
of
the Adjustment Board bas jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Carrier centralized certain operations into Waterloo, Iowa. The dispute in
this case concerns the assertion that OIS Operator positions at Waterloo should be Class
IV (Technical Skills Labor - A) and not Class II (Semi-Skilled Labor - A).
The record does not sufficiently show that the higher rated Class IV duties have
been added to the Class II duties at Waterloo. See Third Division Award 31611.
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 4th day of March 1997.