Diesel Shop when beginning December 28, 1995, the work of

entering (keying) service level codes into Carrier's COMPASS

computer system was performed by strangers to the Clerks

Working Agreement on the unassigned days of the assignment (and

before and after the clerical employees working hours) held by a

clerical employee who regularly performs the work during her work

week.

three hours pay per shift at the straight time rate for the 3:00 P.M.

and 11 P.M. shifts Monday through Friday; and four hours pay per

shift at the straight time rate for the 7 A.M. 3:00 P.M. and 11:00

P.M. shifts on her Saturday and Sunday rest days. This will equate

to 16 hours per week at the straight time rate, to begin December

28, 1995, and to continue until the violation is resolved with the

work being returned to the clerical craft at Havre, Montana."

Parties to said dispute were given due notice of hearing thereon.

This claim is one more instance concerning the input of data into the Carrier's computer system by other than employees represented by the Organization. In this instance, the Organization contends that, beginning December 18, 1995, the Carrier improperly directed supervisory employees at Havre, Montana, to key information concerning locomotive inspections and/or servicing into the Carrier's COMPASS computer system on other than the day shift and on weekends.

The Board has been presented with a huge number of previous Awards, intended to support the Carrier or Organization's positions. Since these are familiar to the parties, the Board sees no need for citation of the Awards, although all have been reviewed.

At issue is the computer entry of data of information from Form No.15606, Work Completion - EMD/GE or from other sources containing the same information.

clerical employee, while she is on her regular first shift assignment,

Monday through Friday.

duty. These positions were abolished in late 1981. The reporting

duty was assigned to Foremen.

check was made on September 16, 1983; a settlement was reached

but Foremen are assigned this function when the day shift Clerk is

not on duty -- that is, on second and third shifts and on weekends.

procedure, the General Superintendent stated in his claim response

as follows:

spent in this data entry, and such request was refused by the

Carrier.

7.

No. 15606, passed the Form to a Clerk, who inputted "certain

information" into the COMPASS computer system.

into the new computer system. Today, mechanical foremen simply utilize the new TSS Computer System to record the same locomotive servicing information that they used to record on paper forms."

4. The effect, according to the Carrier, is simply to make unnecessary "the clerical `middleman' function" by eliminating a paper form and inputting the information directly into the TSS system.

The Board is required to resolve the obvious conflicts in the parties' positions as reflected above. The issue, however, cannot be abandoned or dismissed, as this would have the effect of a denial Award where in reality there appears to be merit to the Organization's claim. Therefore, the Board reaches the following conclusions:

1. There is no response to the Organization's statement that the Clerk

on the day shift continues to input the data.

The Carrier has failed to demonstrate how the replacement of the COMPASS program with the TSS program provides any significant change in the reporting of data on locomotive inspections and/or servicing.

While the Form No. 15606 may or may not continue to be utilized, there is no explanation as to what has changed in how data is being recorded (either by the Clerk on the day shift or by others at other times). Put another way, no clear proof is offered to show that any "middleman" function has been eliminated, given the alleged continuing data inputting by the day-shift Clerk.

As a result, the Board inevitably finds that the clerical function continues. The Award will sustain the claim for the hours sought for the Claimant, except for dates on which no data entries were made on specific 3:00 P.M. to 11:00 P.M. shifts or on specific first shift rest days of the Claimant. This can be determined from a review of the records or by such other approximation on which the parties may agree.

One proviso must be added. The Carrier alleges that "foremen working all three shifts" have been inputting data. This appears to conflict with the uncontradicted

assertion by the Organization that this work continues to be performed on the day shift, Monday-Friday, by the Claimant. It may be that, at some point since the initiation of the claim, the work is no longer performed by the Claimant (or her successor in the same position). In such case, the remedy directed in the preceding paragraph applies until such change occurred. Further, such change would possibly represent a new dispute, requiring on-property handling, and is not before the Board for resolution.