Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32766
Docket No. CL-33677
98-3-97-3-149

The Third Division consisted of the regular members and in addition Referee John C. Fletcher when award was rendered.

(Transportation Communications International Union PARTIES TO DISPUTE:


STATEMENT OF CLAIM:


















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. 32766
Page 2 Docket No. CL-33677
98-3-97-3-149

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.




For many years certain of Carrier's payroll functions were supported on site through a software contract with, first, the Data Processing Department of the Missouri Pacific Railroad Company ("MP"), next, the Union Pacific Railroad ("UP"), and then Union Pacific Technology ("UPT"). Effective January 1, 1996, Carrier changed vendors, it contracted with Automated Data Processing ("ADP") to do its payroll accounting, and its contract with UPT was terminated. ADP uses state-of-the-art software that streamlined and eliminated several incidental tasks that had been assigned to Carrier's Clerical employees. Under the new system Carrier's Chief Timekeeper (an employee subject to the Agreement) compiles all payroll data in Carrier's computer, and when completed she transmits the data electronically to ADP and their computer automatically processes the data into a final payroll and prints the checks and appropriate reports. The checks and reports are then delivered to the Chief Timekeeper for handling and further processing. The Organization contends that the new system transferred 13 items of work to ADP and, as such, is a violation of its "Positions or Work" Scope Rule.


This Board is mindful of the line of Awards that hold that under a Positions or Work Scope Rule, Carrier is proscribed from having work subject to the Agreement transferred to outsiders, strangers not subject to the Agreement. The facts in this case. though, do not support a showing that any work previously performed by Clerks is now being performed by individuals not subject to the Agreement. Instead. what is apparent is that certain functions have been eliminated through the use of sophisticated software. The elimination of work by computer technology is not a transfer of work to strangers to the Agreement.







Form 1 Award No. 32766
Page 3 Docket No. CL-33677
98-3-97-3-149



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 23rd day of September 1998.