"Claim of the System Committee of the Organization (GL-12655) that:

Claim of the System Committee of the TCU (CNOO-0328) on behalf of Claimant J. M. Kirschner, employee #994108 that:

(a) The Carrier violated the Clerks' Rules Agreement effective July 1, 1979, Particularly Rules 1, 24, 40 and other rules when it abolished effective July 15, 1999, position #09-009-2194-0064-7, Secretary in the Information Systems Department NS Transition Team, last incumbent J. M. Kirschner and assigned duties from this position to non-agreement employees Carole Knowlton, Linda Mortimer and other non-agreement employees. Specifically the duties as outlined in the following:

1) Attached Exhibit "A" bulletined job description for

position #09-009-2194-0064-7.

2) Attached Exhibit "B" letter from J. M. Kirschner

that she prepared on July 14, 1999, outlining

additional duties not shown on her bulletin job

description that were assigned to her position and she

performed prior to the abolishment of her position.

Joan allso outlined a chronological brief history of the

redistribution of payroll/time keeping and other

agreement duties in the Information Systems

Department since January 1998.

4) Copy of E-Mail date July 9, 1999, (Exhibit D) from

non-agreement employee Carole Knowlton to

agreement employees Joan Kirschner and P. A. Toole

instructing them that she (Carole Knowlton) will be

taking over the payroll after they leave Conrail and to

either notify all employees they do payroll for about

this change or fax a copy of their payroll sheet to her.

(b) Claimant J. M. Kirschner should now be allowed eight (8) hours pay at the pro-rata rate of position #09-009-2194-0064-7, which is WGC #7 or her EMR, whichever is higher commencing July 15, 1999, and continuing for each and every day thereinafter (Including time employee is off work on furlough status) until this violation is corrected and this work is returned to agreement employees.

©) In order to terminate this claim, said clerical agreement work must

be returned to employees covered by the Clerks Agreement.

(d) This claim has been presented in accordance with Rule 45 and should be allowed."

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.

Pursuant to the November 2,1998 Implementing Agreement, in December 1998 the Carrier ran a "rundown" for employees of Seniority District 26 to select positions in anticipation of the Conrail, NS, CSX merger. Because Claimant Kirschner elected not to select a position she was placed on the Supplemental Extra Board and assigned to Position 09-009-2194-0064-7 for payroll purposes. Following the split date of June 1, 1999, the Claimant was furloughed on July 14, 1999 with no seniority rights. The instant claim was filed on August 4, 1999, alleging that the payroll work the Claimant had performed between January and June 1999 was now being performed by nonAgreement individuals.

The Carrier initially denied the claim by letter of September 16, 1999, reading in pertinent part as follows:

"Your claim is denied for the following reasons:

1. The duties assigned to position #09-009-2194-0064-7, Secretary in

I/S Department are no longer performed as Bob Shreyer's group

has been disbanded and non longer exists. Mr. Shreyer left the

Company last year and Ms. Kirschner was reassigned to my group

to assist in the transition.

2. You only document timekeeping duties which in their present form

are not the same as those performed by Claimant on her former

position, and have traditionally been shared work. The new NS

payroll system is based on exception reporting requiring action

only if an employee does not work. To accomplish this task requires

approximatelly fifteen (15) minutes each day. Prior to the NS

payroll system, timekeeping required four (4) hours on Monday

3. This claim is one of several that you have submitted on behalf of a number of furloughed employees and represents an improper duplication or pyramiding of claims with no connection to the work performed (if any) or the compensation claimed."

AWARD