Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34032
Docket No. CL-34461
00-3-98-3-115
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:
(Burlington Northern Santa Fe Railway Company
( former Atchison, Topeka and Santa Fe Railway)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11952) that:
Case No. 1
Carrier violated the provisions of the current Clerks' Agreement at
Kansas City, Kansas commencing June 1, 1993, when it required
and/or permitted an employe that is not covered by the rules of the
Agreement to perform routine schedule clerical work; and
(b) The work which was removed from the scope and operation of the
Agreement shall now be restored to the employes covered thereby;
and
J. S. Hedges shall now be compensated for one call payment (three
pro rata hours) at the rate of Records Specialist Position No. 6009,
subject to subsequent wage increases, for each work day, Monday
through Friday, commencing June 1, 1993, in addition to any other
compensation Claimant may have received for these days.
Case No. 2
(a) Carrier violated the provisions of the current Clerks' Agreement at
Kansas City, Kansas commencing August 9, August 16 and August
23, 1993, when it required and/or permitted an employe that is not
Form 1
Page 2
FINDINGS:
herein.
Award No. 34032
Docket No. CL-34461
00-3-98-3-115
covered by the rules of the Agreement to perform routine schedule
clerical work; and
(b) The work which was removed from the scope and operation of the
Agreement shall now be restored to the employes covered thereby;
and
*(c) The three senior available employe(s) shall now be compensated for
one call payment each (three pro rata hours each) at the rate of
Records Specialist Position No. 6009, subject to subsequent wage
increases, for each work day, Monday through Friday, commencing
August 9, August 16 and August 23, respectively, in addition to any
other compensation Claimants may have received for these days.
*NOTE: To be determined by a joint check of Carrier's records."
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
Parties to said dispute were given due notice of hearing thereon.
Prior to the filing of the claims, covered employees did the paperwork for the
Carrier's employees' periodic physical examinations. Specifically, the covered
employees determined who was due to have a physical; filled out and mailed the
appropriate forms to the employees; received forms back from the examining physicians
and updated the computer records to reflect the accomplished periodic physical. This
work was performed by covered employees at Kansas City, Kansas.
Form 1
Page 3
Award No. 34032
Docket No. CL-34461
00-3-98-3-115
In 1993, the Carrier implemented a computerized program ("FAST") which now
performs these functions. The program automatically generates information on who
needs a physical each month, prints a notification form which is mailed to the employee
in a windowed envelope; and, when the form is returned from the doctor, the computer
records are updated. This new system assisted in the automation of bill paying to the
various doctors in that doctors are paid every two weeks which eliminated paperwork
involved in sending forms and invoices to the Carrier's Accounting Department in
Topeka. The Carrier states that this program eliminated the need to manually track the
status of the employees through cardex or other means, which has greatly improved the
accuracy of the process. This FAST program work is performed by a non-covered
employee.
The record shows that the FAST program basically eliminated the manual type
functions performed by Scope covered employees with respect to the periodic physical
examinations for the Carrier's employees. "The elimination of work by computer
technology is not a transfer of work to strangers to the Agreement." (See Third Division
Award 32765). The claims will be denied.
In light of the result, the Carrier's procedural argument is moot.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of May, 2000.