Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33173
Docket No. CL-31840
99-3-94-3-142
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 Organization (GL-11021):
Claim No. 1
Claim on behalf of Mr. Richard Shearer for seventy (70) hours at the rate
of $13.47, a total of $942.90, for thirty-five working days during the period
of September 7, 1987, through October 23, 1987, account his work being
transferred and performed by other departments and outside vendors in
violation of Rule 1, 23 and others.
Claim No. 2
Claim on behalf of Mr. Richard Shearer for forty (40) hours at the rate of
$15.31 per hour, a total of $612.40, for twenty (20) working days, two
hours per day, for the period February 1,1992 through February 29,1992,
account his work being transferred and performed by other departments
and outside vendors in violation of Rules 1, 23 and others."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1
Page 2
herein.
Award No. 33173
Docket No. CL-31840
99-3-94-3-142
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
Parties to said dispute were given due notice of hearing thereon.
Combined for presentation to the Board are two claims that involve the Carrier's
use of an outside vendor to supply various Carrier departments and whether that usage
violated the parties' "position and work" Scope Rule.
These two claims are companion cases to 55 claims that were previously reviewed
in Third Division Award 32267. In that decision the Board determined that the parties
had presented the identical Scope Rule dispute to Public Law Board No. 3540 wherein
it was agreed to accept the decision of Award 58 as settling the other 55 claims. Award
32267 stated in part:
"From the above excerpts, it is clear to this Board that the
Organization set forth its belief that the claims here under review are
`similar' to those considered in Public Law Board No. 3540, Award 58 and
that the Organization, in exchange for the extension of time limits, was
prepared to accept that Award as settling these pending claims.
Consequently, it is now far too late for the Organization to take the
entirely different position that the facts in the pending claims are at odds
with those considered in Public Law Board No. 3540, Award 58 and that
this Board should proceed as if there had been no agreement as repeatedly
confirmed in the General Chairman's correspondence."
Our review of this record indicates that the two claims at bar were part of the
same aforementioned abeyance Agreement. Accordingly, it thus is too late for the
Organization to argue that the claims are different than the claim settled by Public Law
Board No. 3540, Award 58.
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Form 1
Page 3
Award No. 33173
Docket No. CL-31840
99-3-94-3-142
Award 32267 is controlling in this instance and because
of
such, the instant claims
are denied.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 25th day
of
March 1999.
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