Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35820
Docket No. MS-36231
01-3-00-3-421
The Third Division consisted
of
the regular members and in addition Referee
Rodney E. Dennis when award was rendered.
(Sidney Hooser
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake and
( Ohio Railroad)
STATEMENT OF CLAIM:
"(1) The Carrier has violated Scope Rule 1 and others
of
the C&O
General Agreement, when it began to use Mr. Alex Chandler and
others to sort, distribute, collect and apply postage to the mail in
Baltimore, MD.
In October 1997 Intercarrier Revenue, Property Accounting, Car
Acct. and Administrative Services was transferred to Jacksonville,
FL. (CSXT Agreement 6-049-97). At that time Record & Mail
Clerk Position 0215-103 was abolished and Mr. Chandler was
brought in as a Accu Staff temporary employee to assume the
majority
of
the mail duties for CCSI, Baltimore Service Lane and
Professional Services.
(2) This claim is for a days pay at Record & Mail Clerk rate effective
August 24,1998 and continuing each day until this work is returned
to C&O District 3 in Baltimore and put under the jurisdiction
of
the
C&O General Agreement.
(3) Also in dispute is a waiver
of
the 60 day time limit, which would
make this claim effective October 27, 1997.
On October 27, 1997 CSXT moved 25 Division Clerk jobs to
Jacksonville. 24
of
these jobs were filled by new employees under
Side Letter 8 to CSXT Agreement 6-049-97. These new employees
could not be displaced until October 28, 1998.
Form 1 Award No. 35820
Page 2 Docket No. MS-36231
01-3-00-3-421
If for any reason, valid or not, CSXT abolished my job as a Division
Clerk, I would have been unable to displace any of the 24 Division
Clerks hired by CSXT in November 1997. This claim was filed at
the earliest date possible and still maintain my displacement rights."
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 Board reviewed the Submissions of the parties in detail. It considered all of
the many arguments on numerous points presented by both parties. As a result of that
review, the Board concluds as follows:
(1) The disputed C&O work formerly performed by Mail and Records Clerk
Position No. 0215-103 ceased to exist after all departments that utilized the services of
the position were transferred to Jacksonville, Florida.
(2) The mail handling work performed by A. Chandler (a temporary employee)
was for CCSI, a separate company, and had nothing to do with the Carrier. The
remaining Carrier Departments in Baltimore handled their own mail.
While there are other arguments presented in the Carrier's Submission (such as
an improper Claimant and a timeliness issue), the Board does not see the necessity to
address those at this time. The claim is denied due to the lack of merit.
Form 1 Award No. 35820
Page 3 Docket No. MS-36231
01-3-00-3-421
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 14th day of November, 2001.