Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36414
Docket No. CL-37066
03-3-01-3-657

The Third Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered.


(Transportation Communications International Union PARTIES TO DISPUTE:


STATEMENT OF CLAIM :








FINDING S:

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 respei:tively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.


Thi s Division of the Adjustment Board has jurisdiction over the dispute involved herein.




Cis imant Marita Carter is employed as a Clerk Typist at Amtrak's Beech Grove, Indiana, Mechanical Facility. She worked 7:00 A.M. to 4:00 P.M., Monday through Friday. It appears from the record that the Organization claimed that, at least from

Form 1 Award No. 36414
Page 2 Docket No. CL-37066
03-3-01-3-657

February 19 to July 31, 2000, Frank Jackson, the Supervisor of Material Control, on occasion performed clerical work normally and customarily assigned to and completed by covered Clerks. As a result, two separate claim letters were submitted naming Marita Carter as the Claimant and requesting a day's pay at the punitive rate for every day the Supervisor performed routine clerical work. The claims were denied and progressed to the Board for resolution.


The Board reviewed the material presented. As a result of that review, it is evident that Supervisor Jackson is preparing and distributing his own Interoffice Memos. The record contains six examples of such memoranda between February 19 and August 24, 2000. It also contains an example of routine material input into the computer on July 31, 2000 by Supervisor Jackson.


The Board does not take the position that Supervisors cannot perform minimal clerical tasks incidental to their jobs. It does, however, consider what took place on the claim dates mentioned in the record (February 19 and July 31, 2000) a violation of the Clerks' Agreement. We consider the work performed by Jackson on these dates as work normally and customarily performed by Clerks. As such, the Board directs that a call be paid to the Claimant for February 19 and July 31, 2000.








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 17th day of March 2003.