Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34029
Docket No. CL-34347
00-3-97-3-963
The Third Division consisted of the regular members and in addition Referee
Edwin H. Berm 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-11902) that:
Claim ST-96-69
Claim for T. Fowler, TSR, Old Town/Northern Maine Junction, Maine.
Carrier violated the Agreement when it used non-scope employees to
perform the following clerical work; yard checking, non-scope, not in craft
and class; making Hazardous Form HM-100, non-scope, not in craft and
class; preparing switch lists, non-scope, not in craft or class; bills of lading,
non-scope, not in craft and class. Also files HM-100 hazardous form,
non-scope, not in craft and class. Also checks and lists in-bound and
out-bound trains, checks cars and lists them from area sidings and finally
checks and lists cars in Old Town/Northern Maine Junction Yard.
Claim is for eight hours at the straight time rate.
Rules violated are 1-1, 18-1, 18A-1, 22, 24-1, 27, 34 and the Stabilization
Agreement of 1965 as amended on October 17, 1984.
This claim is valid and must be paid.
Claim ST-96-71
Claim for R. Binette, Clerk, at Old Town/Northern Maine Junction.
Claim commences January 2, 1996, is for each day until corrected.
Form 1 Award No. 34029
Page 2 Docket No. CL-34347
00-3-97-3-963
Carrier violated the Agreement when it used non-scope employees to
perform the following clerical work; yard checking, non-scope, not in craft
and class; bills of lading, non-scope, not in craft
of
class; preparing switch
lists, non-scope, not in craft or class; making out hazardous Form HM-100,
non-scope, not in craft or class. Also checks and lists in-bound and
out-bound trains, checks cars and list them from area sidings and finally
checks and lists cars in Old Town/Northern Maine Junction Yard.
Rules violated are 1-1 Scope, 18-1 Days work and Overtime, 18A-1 Calling
Procedures, Rule 22 Forty Hour Work Week, Rule 24-1 Basis
of
Pay/Job
Classifications, Rule 27 Change in Duties, Rule 34 Use of Other Than
Regularly Assigned Employees, and the Stabilization Agreement of 1965
as amended on October 17, 1984.
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.
With respect to the remedy, the same relief fashioned in that Award shall apply,
specifically:
Form 1 Award No. 34029
Page 3 Docket No. CL-34347
00-3-97-3-963
". . . 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. 394
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION NO. 1 TO AWARD NO. 34029
DOCKET NO. CL-34347
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:
°°. . . [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. 394
Interpretation No. 1 to
Award No. 34029
Docket No. CL-34347
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 34029 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.