Form 1 NATIONAL. RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 37235
 Docket No. CL-37093
 04-3-02-3-44

 The Third Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.
( Line Railroad) PARTIES TO DISPUTE:

STATEMENT OF CLAIM :





Form 1 Award No. 37235
 Page 2 Docket No. CL-37093
 04-3-02-3-44
 2. Carrier shall now compensate the Senior Available Employe,
 extra or unassigned in preference, eight (8) hours at the
 applicable rate of $147.14 or the punitive rate, if applicable, for
 the above violation less any compensation paid.



















Form 1 Award No. 37235
 Page 3 Docket No. CL-37093
 04-3-02-3-44
 Alabama, to make Yard Inventory Adjustments (YSIA) on
 train/track/cut at Flomaton, Alabama. This violation was
 performed in lieu of allowing this work to be performed by
 Clerical employes in the Customer Service Center at Jacksonville,
 Florida.

















Form 1 Award No. 37235 ~r
 Page 4 Docket No. CL-37093
 04-3-02-3-44
 applicable rate of $147.14 or the punitive rate, if applicable, for
 the above violation less any compensation paid.

















Form 1 Award No. 37235
 Page 5 Docket No. CL-37093

        performed in lieu of allowing this work to be performed by Clerical employes in the Customer Service Center at Jacksonville, Florida.


        2. Carrier shall now compensate the Senior Available Employe, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation less any compensation paid.


        Carrier File 6(00-158 D TCU File 1.2510(18)SCL


      1. Carrier violated the Agreement(s) on September 21, 22, 23, 24, 25,

        26, 27, 28, 29 and 30, 2000, when it allowed the Yardmaster/Clerk

        at Flomaton, Alabama, to make Yard Inventory Adjustments

        (YSIA) on train/track/cut at Flomaton, Alabama. This violation

        was performed in lieu of allowing this work to be performed by

        Clerical employes in the Customer Service Center at Jacksonville,

        Florida.


        2. Carrier shall now compensate the Senior Available Employe, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation less any compensation paid.


        Carrier File 6(01-007'. 11 TCU File 1.2525(18)SCL


        1. Carrier violated the Agreement(s) on the dates noted in each claim, when it allowed the Yardmaster/Clerk at Flomaton, Alabama, to make Yard Inventory Adjustments (YSIA) on train/track/cut at Flomaton, Alabama. This violation was performed in lieu of allowing this work to be performed by Clerical employes in the Customer Service Center at Jacksonville, Florida.


        2. Carrier shall now compensate the Senior Available Employe, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation less any compensation paid.

Form 1 Award No. 37235 _ir
 Page 6 Docket No. CL-37093

                                              04-3-02-3-44


      Carrier File 6(01-0073) TCU File 1.2524(18)SCL


        1. Carrier violated the Agreement(s) on the dates noted in each claim, when it allowed the Yardmaster/Clerk at Flomaton, Alabama, to make Yard Inventory Adjustments (YSIA) on train/track/cut at Flomaton, Alabama. This violation was performed in lieu of allowing this work to be performed by Clerical employes in the Customer Service Center at Jacksonville, Florida.


        2. Carrier shall now compensate the Senior Available Employe, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation less any compensation paid.


        Carrier File 6(01-0151) TCU File 1.2572(18)SCL


        1. Carrier violated the Agreement(s) on the dates noted in each claim, when it allowed the Yard master/Clerk, as named in each claim, to make Yard Inventory Adjustments (YSIA) on train/track/cut at Flomaton, Alabama. This violation was performed in lieu of allowing this work to be performed by Clerical employes in the Customer Service Center at Jacksonville, Florida.


        2. Carrier shall now compensate the Senior Available Employe, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation less any compensation paid.


        Carrier File 6(01-0357) TCU File 1.2610(18)SCL


        1. Carrier violated the Agreement(s) on the dates noted in each claim, when it allowed the Yard master/Clerk, as named in each claim, to make Yard Inventory Adjustments (YSIA) on train/track/cut at Flomaton, Alabama. This violation was performed in lieu of allowing this work to be performed by Clerical employes in the Customer Service Center at Jacksonville, Florida.

Form 1 Award No. 37235
 Page 7 Docket No. CL-37093
 04-3-02-3-44
 2. Carrier shall now compensate the Senior Available Employe,
 extra or unassigned in preference, eight (8) hours at the
 applicable rate of $147.14 or the punitive rate, if applicable, for
 the above violation less any compensation paid.
 Carrier File 6(01-047 ZI TCU File 1.2685(18)SCL

        1. Carrier violated the terms of the Agreement, specifically, the Customer Service Center Agreement No. 6-008-91, on the dates named in each claim, when it allowed the General Clerk located at Flomaton, Alabama, to adjust the Yard inventory tracks using the computer function YSIA. This was allowed in lieu of allowing this work to tie performed by the Clerical employes in the Customer Service Center at Jacksonville, Florida, in compliance with the CSXT Labor Agreement No. 6-008-91.


        2. Carrier shall now be required to compensate the Senior Available Employe, extra or unassigned in preference, eight (8) hours' pay at time and one.-half the applicable rate of $149.30, for the above violation.


        Carrier File 6(01-048 31 TCU File 1.2698(181SCL


        1. Carrier violated the terms of the Agreement, specifically Customer Service Center Agreement No. 6-008-91, on the dates named in each claim, when it allowed on duty General Clerk located at Flomaton, Alabama, to adjust the Yard inventory tracks using the computer function YSIA. This was allowed in lieu of allowing this work to be performed by the Clerical employes in the Customer Service Center at Jacksonville, Florida, in compliance with the CSXT Labor Agreement No. 6-008-91.


        2. Carrier shall now be required to compensate the Senior Available Employe, extra or unassigned in preference, eight (8) hours' pay at time and one-half the applicable rate of $149.14, for the above violation.

Form 1 Award No. 37235 .r'
 Page 8 Docket No. CL-37093
 04-3-02-3-44

      Carrier File 6(01-0485) TCU File 1.2700(18)SCL


      1. Carrier violated the terms of the Agreement, specifically

      Customer Service Center Agreement No. 6-008-91, on the dates

      named in each claim, when it allowed on duty General Clerk

      located at Flomaton, Alabama, to adjust the Yard inventory

      tracks using the computer function YSIA. This was allowed in

      lieu of allowing this work to be performed by the Clerical

      employes in the Customer Service Center at Jacksonville, Florida,

      in compliance with the CSXT Labor Agreement No. 6-008-91.

      2. Carrier shall now be required to compensate the Senior Available

      Employe, extra or unassigned in preference, eight (8) hours' pay

      at time and one-half the applicable rate of $147.14, for the above

      violation."


FINDINGS : ~r

 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.


As Third Party in Interest, the United Transportation Union - Yardmasters Department (UTU) was advised of the pendency of this dispute and chose to file a Submission with the Board.

 Aside from the Labor and Carrier representatives from the Board, also present at the Referee Hearing in this matter were representatives of the Organization, the Carrier and the UTU. As a result, extensive presentations by the Organization, the
 Carrier and the UTU were made to the Board. __,
 Form 1 Award No. 37235
 Page 9 Docket No. CL-37093
                                              04-3-02-3-44


in these claims, the Organization protests that Yardmasters and/or Clerks performed the YSIA function at Flomaton, Alabama, rather than that work being performed by the Customer Service Representative (CSR) at the Customer Service Center (CSC) in Jacksonville, Florida.


In Third Division Award 37227 we discussed at length the history and Awards concerning the establishment and transfer of Clerks' work from the field to the CSC in Jacksonville. The analysis examined the specific work and location in dispute, both before and after the establishment of the CSC. In that Award, we held:


      "There are a number of claims presently before the Board and also held in abeyance pending the outcome of this Award and the other similar disputes. Therefore, as a guide to the parties for determining these disputes, in order to prevail the Organization must show that the disputed work: (1) was performed by someone other than a CSR at the CSC; (2) was performed by a Clerk at the specific location in dispute before the 1991 Implementing Agreement took effect; and (3) was performed by a CSR at the CSC, after the 1991 Implementing Agreement took effect. If the Organization makes those showings, it has sufficiently shown that the work was transferred from the disputed location to the CSC under the terms of the 1991 Implementing Agreement and was improperly performed by someone other than a CSR at the CSC. Successful showings by the Organization in that regard will result in those claims being sustained with a remedy requiring the Carrier to pay $15.00 per claim."


This dispute has been previously decided. In Public Law Board No. 5782, Award 1, that Board addressed the performance of the YSIA function at Flomaton and sustained the claim because that function was not performed by CSRs at the CSC in Jacksonville. For reasons discussed in that Award and for further reasons discussed in Third Division Award 37227 where, because we determined that the Awards of Public Law Board No. 5782 were not palpably in error thereby causing us to defer to those Awards for purposes of stability, the claims in this matter therefore have merit.


Under the rationale stated in Third Division Award 37227, this claim shall be sustained at the $15.00 requirement.

Form 1 Award No. 37235 "r''
 Page 10 Docket No. CL-37093
 04-3-02-3-44

However, on June 30, 2000, the Carrier served a New York Dock notice for ". . . the coordination and arrangement of certain clerical functions presently performed for CSXT clerical employees on SCL District 18 at Customer Service Center, Jacksonville, with employees at Flomaton, Alabama on L&N District L&N 09." That notice ". . . contemplates the sharing of yard inventory adjustments, the issuance, updating, and completion of local work orders, data entry processing of TYMS and YSIA track adjustments during and after switching operations and other Customer Service Center functions between Flomaton, Alabama, and Jacksonville, Florida." In light of the Carrier's June 30, 2000 notice, the remedy formulated in this case shall cease as of September 30, 2000 - as stated in the notice ". . . when the notice becomes effective ninety days hereafter."


                        AWARD


      Claim sustained in accordance with the Findings.


                        ORDER


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 27th day of October 2004.

 r
              CARRIER MEMBERS' DISSENT


                      TO


          THIRD DIVISION AWARDS 37227-37236


DOCKETS CL-37035; CL-37046; CL-37053; CL-37054;

CL-37058; CL-37075; CL-37083; CL-37087; CL-37093; CL-37111


                (Referee Edwin H. Bennl


The instant Third Division Award 37227 and companion Awards dealt with the issue of the performance of various computer functions such as adjusting yard inventory, reporting bad order freight cars and issuing work orders at field locations by Yardmasters and Clerks.


The clerical field computer input work was coordinated into the Customer Service Center located in Jacksonville, Florida, beginning in 1991 via what is commonly known as the "Visions Agreement" Because this coordination involved work from various former railroads that are now part of CSXT, that Agreement was an Implementing Agreement reached pursuant to, and in satisfaction of, the New York Dock employee protective conditions of the Interstate Commerce Commission, now the Surface Transportation Board.


The claims were. filed for occasions when computer functions were performed at field locnitions after the coordination. The Board found that the Customer Service Center Clerks were aggrieved when Yardmasters and Clerics in the field performed various computer functions.


A reading of the Board's Award makes clear that an interpretation of the 1991 New York Dock Implementing Agreement was at the heart of the dispute between the Carrier and TCU. It is well settled that the Board lacks subject matter jurisdiction over disputes involving New York Dock implementing agreements. Sees e.g., Third Division Awards 29317, 29660, 35360, and 37138. Disputes requiring the interpretation or application of a New York Dock implementing agreement must be handled in accordance with the exclusive arbitration procedures set forth in New York Dock.

CARRIER MEMBERS' DISSENT TO
 THIRD DIVISION AWARDS 37227-37236 VOW
 PAGE 2 of 3
 Although the participants did not raise this threshold jurisdictional
 issue, the Board's subject matter ,jurisdiction cannot be enlarged through a
 mistake of the parties. Even when the parties do not raise tile issue, the
 Board can do so itself. Because the Board lacked subject matter jurisdiction
 in this case, it exceeded its ,jurisdiction as defined in the Railway Labor Act,
 45 U.S.C. § 153, First, and Awards 37227 - 37236 should be considered null
 and void and without any precedential effect for thus reason alone.
 In addition, the Board missed or chose to ignore a basic issue in this
 case. This computer work was performed by Yardmasters, Clerks and other
 employees prior to the consolidation of the clerical customer service work
 into the Customer Service Center in Jacksonville. The Carrier's New York
 Dock notice to TCU of its intent to coordinate and consolidate the clerical
 customer service work into Jacksonville was to do only that -- consolidate the
 work performed by Clerks. The notice did not propose to transfer the work
 of Yardmasters. It is important to note that the UTU-Yardmasters
 Department was not named in the New York Dock notice served on TCU and
 was not a party to tile 1991 Implementing Agreement. The implementing
 agreement procedures of New York Dock, Article I, Section 4, require that moo
 the UTU-Yardmasters Department be a party to an implementing agreement
 that purported to coordinate work performed by Yardmasters and transfer it
 to another craft's Collective Bargaining Agreement. The record shows that
 the UTU-Yardmasters Department was not a party to the 1991 Implementing
 Agreement. Accordingly, neither the Carrier nor TCU had the right or
 authority under the 1991 Implementing Agreement to transfer work
 performed by Yardmasters to Jacksonville in order to give it to Clerks. With
 a swipe of the proverbial pen, the Board has taken work "shared" between at
 least two crafts at field locations prior to 1991 and given it exclusively to a
 single craft.
 The Award's crafted language cannot circumvent this issue, nor justify
 the conclusion that Yardmasters can no longer perform work they had done
 in the past. The Award is based upon an erroneous analysis of the facts of the
 case, contrary to the requirements of the New York Dock conditions, and no
 amount of rationalization can support removal of existing work from the
 Yardmaster craft. A/lost importantly, these Awards exceed the jurisdiction of
 the Board.
 CARRIER MEMBERS' DISSENT TO
 THIRD DIVISION AWARDS 37227-37236
 PAGE 3 of 3

    We dissent.


                      Michael C. Lesnilt


                      s9

                      Martin W, Fingeehut


                      $ylirne.R. Henderson


                      of P. Langd/