Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32052
Docket No. CL-31808
97-3-94-3-146
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:
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-11020) that:
1. The Houston Belt & Terminal Railway Company violated the Rules
Agreement effective April 15, 1972, as amended, when it
inaugurated allowing and/or permitting employes
of
another craft
to perform work which had historically and by agreement been
assigned to the clerical employes.
2. The Houston Belt & Terminal Railway Company shall be required
to afford clerical employes C. J. Butaud, S. Hutchins, G. L. Rios, R.
C. Toler, D. G. Tones and W. M. Monterio, their successor or
successors, subject to a join check
of
Carrier records, $111.91 per
employe per day, subject to general increases and COLA, beginning
March 1, 1993 and continuing until such time as claim is settled and
the work returned."
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. 32052
Page 2 Docket No. CL-31808
97-3-94-3-146
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
As Third Party in Interest, the United Transportation Union - Yardmasters
Department was advised
of
the pendency
of
this dispute and chose to file a Submission
with the Board.
Involved here is the most recent change in the handling
of
data concerning car
movement in the Carrier's Settegast Yard, which-is dedicated to switching operations
for the Union Pacific. The record shows that Yardmasters and PICL (Perpetual
Inventory
of
Car Location) Clerks have previously adapted to the use
of
computer
systems in the conveying and retention of information concerning car location and
movement. This included, in particular, Yardmasters' use of electronic mail to advise
PICL Clerks of car switching information, with the Clerks thereupon further processing
the information.
On March 1, 1993, the Union Pacific discontinued use of a previous computer
program at Settegast Yard and initiated a new program ("TCS") utilized throughout
its system. According to the Carrier's undisputed explanation, the TCS program is able
to accept the same electronic data formerly provided to the PICL Clerks, and it .-::
interpret the data without the need for intermediate processing. ..1s stated by the
Carrier, "With the more sophisticated computer system the Yardmaster's information
is processed by the computer to update the car records and the system eliminated the
function that was previously performed by the PICL Clerks."
The Organization properly places great reliance on its "positions or work" Scope
Rule. For the Organization to demonstrate a violation, however, there must be clear
evidence that work has been given to other employees (here, Yardmasters) rather than
being eliminated in the further technological advances described by the Carrier. This
proof is lacking here.
In a parallel case involving the Organization and the Union Pacific at the UP's
Fort Worth Yard and referring to a virtually identical change, Public Law Board No.
4288, Award 52 stated:
Form i Award No. 31052
Page 3 Docket No. CL-31808
97-3-94-3-146
"In the final analysis, it cannot be concluded that work was removed
from under the scope
of
the TCU Agreement and given to Yardmasters.
Rather, [there has beenj a change in the way in which Yardmasters
performed a traditional function (that is, giving notice
of
changes made)
[with] the introduction
of
a new computer system."
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 10th day
of
June 1997.