Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34027
Docket No. CL-34325
00-3-97-3-918
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:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Organization (GL-11898) that:
1. (a) This claim is filed on behalf of Mr. Douglas Deans, Clerk at
Bucksport, ME. Claim is for eight hours at the rate of the straight
time due to Carrier violating the Agreement by using a Non-Scope
employee to perform clerical work at Bucksport, ME.
(b) Carrier violated the Clerks Agreement, particularly Rules 1,
2, 3, 4, 5, 6, and 7 by using Non-Scope employees to perform the
following:
Yard Checking ]
Bills of lading ]
Preparing switch lists ] Non-Scope not
] in craft or class
Making hazardous form HM-100 ]
Doing mill work ]
(c) Claim is for Monday through Friday commencing April 20,
1995, for each and every day until corrected
(d) Claim is valid and must be paid.
H (a) This claim is filed on behalf of Mr. Douglas Deans, Clerk at
Bucksport, ME. Claim is for eight hours at the rate of the straight
Form 1 Award No. 34027
Page 2 Docket No. CL-34325
00-3-97-3-918
time due to Carrier violating the Agreement by using a Non-Scope
employee to perform clerical work at Bucksport, ME.
b) Carrier violated the Clerks Agreement, particularly Rules 1, 2,
3, 4, 5, 6, and 7 by using Non-Scope employees to perform the
following:
Yard Checking ]
Bills of lading ]
Preparing switch lists ] Non-Scope not
] in craft or class
Making hazardous form HM-100 ]
Doing mill work ]
(c) Claim is for Saturday and Sunday commencing April 21,1995,
for each and every day until corrected.
(d) Claim is valid and must be paid.
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The dispute in this matter is similar to that decided by the Board in Third
Division Award 34026. That Award shall govern this case. The procedural arguments
raised do not change the result.
Form 1 Award No. 34027
Page 3 Docket No. CL-34325
00-3-97-3-918
With respect to the remedy, the same relief fashioned in that Award shall apply,
specifically:
".
. . The remedy shall be for the parties to ascertain how much time was
involved in the performance of such work and for the Carrier to make
whole the affected employees for those specific amounts of time at the
appropriate straight time rate. The fact that Claimant (or another clerk
who stood to perform the work) was working during the period covered by
the claim does not preclude the awarding of affirmative monetary
relief . . . . The Board will retain jurisdiction over this matter in the event
disputes arise concerning the extent of the monetary relief."
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of May, 2000.
SERIAL NO. 392
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION NO. 1 TO AWARD NO. 34027
DOCKET NO. CL-34325
NAME OF ORGANIZATION: (Transportation Communications International Union
NAME OF CARRIER: (Springfield Terminal Railway Company
On May 25, 2000, the Board issued a partially sustaining Award in this matter.
Because the parties could not agree upon the extent of the remedy, an Interpretation
has been requested.
This Award is the companion to Third Division Award 34026 which issued on the
same date and for which an Interpretation has also been requested.
In Interpretation No. 1 to Award 34026, we held the following:
°1. . . [W]e
find that where members of management improperly
performed Clerks' work the Carrier shall be required to compensate
the affected Clerk one hour's pay at the applicable straight time rate
for each actual demonstrated violation.
In light of the above findings and the Carrier's assurance to the
Organization and the Board that the conduct has now ceased - an
assurance which has now been given several times - similar
demonstrated violations not paid by the Carrier upon the presentation
of a claim will be remedied by the Board in a much more severe fashion
than we have in this Interpretation."
Page 2 Serial No. 392
Interpretation No. 1 to
Award No. 34027
Docket No. CL-34325
For reasons fully discussed in Interpretation No. 1 to Award 34026, the same
shall apply to this Interpretation.
Referee Edwin H. Benn who sat with the Board as a neutral member when
Award 34027 was adopted, also participated with the Board in making this
Interpretation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 27th day of October 2004.