Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35845
Docket No. CL-34742
01-3-98-3-370
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 Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12046) that:
1. Carrier violated and continues to violate the Scope Rule of the
Working Agreement dated May 6, 1980, but not specifically
confined to this rule or agreement, when it abolished the positions
held by the only two clerical employees at the Hub Center at
Dilworth, Minnesota and assigned the work previously performed
by the two clerical employees to employees of an outside contractor
(Trailer Transfer).
2. Carrier shall now compensate two Extra List employees one day's
pay each at the pro rata rate of $123.75 per day, above any
compensation earned, each day beginning August 5, 1996, and
continuing until such time as the violations cease.
3. In the event Extra List employees are unavailable, Carrier will
compensate the proper claimant/claimants per Rules 37 and 38 at
the pro rata rate of $123.75 per day, above any compensation
earned, each day beginning August 5, 1996, and continuing until
such time as the violations cease.
4. In the event claimant/claimants have incurred any amount for
medical or surgical expenses for themselves or dependents to the
extent that such payments could have been paid by Travelers
Insurance company under Group Policy GA 23000, compensate
claimant/claimants for same expenses and in the event of the death
Form I Award No. 35845
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01-3-98-3-370
of claimant/claimants, pay their estate the amount of life insurance
provided for under said policy. In the event claimant/claimants
have incurred any expenses for the purchase of suitable health,
welfare and life insurance, Carrier will reimburse
claimant/claimants for such expenses.
5. In the event claimant/claimants has incurred any amount for dental
expenses for themselves or dependents to the extent that such
payments would have been paid by the Aetna Dental Insurance
Company under Group Policy GP 12000, Carrier will compensate
claimant/claimants for such expenses. In the event
claimant/claimants have incurred any expenses for the purchase of
suitable dental insurance, Carrier will reimburse
claimant/claimants for such expenses."
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.
In Third Division Award 34038, the Board denied the Organization's claim that
the Carrier violated the Scope Rule as a result of the Carrier's implementation of HCS
(Hub Control System) at Dilworth, Minnesota, and the designation in 1992 of Grand
Forks, North Dakota, as a "paper" or "satellite" hub for HCS and the assignment of
clerical work for HCS at Grand Forks to a contractor, Trailer Transfer. Specifically,
the Board found:
Form 1 Award No. 35845
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"The Scope Rule provides that `Work now covered by the scope of this
Agreement shall not be removed except by agreement between the parties.'
It has been held that ` . . . HCS is indeed `new work' not previously
covered under the Scope Rule . . . .' See Public Law Board 5555, Award
No. 10. See also, K Board, Awards 193 and 194. Those awards apply and
govern the outcome of this dispute. Work was not taken from clerical
forces at Dilworth and assigned to strangers to the Agreement. The
specific type of work performed by the contractor's employees under HCS
at Grand Forks was not previously performed by scope covered employees.
The Scope Rule was not violated."
Here, the Carrier notified the Organization that the remaining work at Dilworth
was being transferred to Kansas City. This claim followed with the allegation that two
employees of Trailer Transfer were performing specified items of work reserved to
covered employees. For the same reasons discussed in Third Division Award 34038, this
claim must be denied.
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 18th day of December, 2001.