Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34030
Docket No. CL-34349
00-3-97-3-962
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-11901) that:
Claim ST-96-28
Claim for Joseph Cooper, Clerk, Rileys, Maine.
Carrier violated the Agreement when it allowed non-scope employees to
perform the following scope work: yard checking, bills of lading, preparing
switch lists, making out hazardous Form HM-100, doing mill work, faxing
damaged cars, furnishing yard information, (# of cars in yard, loads of
paper, janitorial duties, reporting engine conditions) to both Waterville,
Maine and North Billerica, Massachusetts.
Rules violated are Clerks Agreement #1, 2, 3, 4, 5, 6, 7 and TCIU
Agreement #1 and #2.
Claims are valid and must be paid.
Claim ST-96-29
Claim for Arthur Ferlin, Clerk, Rumford, Maine. Claim is for eight (8)
hours at the rate
of
time and one-half due to carrier violating the
Agreement by using non-scope employees to perform clerical work at
Rumford, Maine.
Form 1 Award No. 34030
Page 2 Docket No. CL-34349
00-3-97-3-962
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, 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;
preparing Hazardous Form HM-100, non-scope, not in craft or class.
Claim is for each Saturday and Sunday commencing April 21, 1995, until
corrected.
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 theAdjustment 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:
".
. . 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
Form I Award No. 34030
Page 3 Docket No. CL-34349
00-3-97-3-962
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. 395
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION NO. 1 TO AWARD NO. 34030
DOCKET NO. CL-34349
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. 395
Interpretation No. 1 to
Award No. 34030
Docket No. CL-34349
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 34030 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.