"Claim of the System Committee of the Brotherhood (GL-12883) that:

CLAIM NO. 1

1. The CSX Transportation violated the Agreement(s), as outlined in Attachment (A) of this claim, beginning on dates from January 13 through February 27, 2001, after it had abolished all clean-out track positions at Waycross, Georgia and subsequently allowed members not covered under the TCU Clerical Agreement to perform the duties of cleaning cars at Waycross, Georgia, which is a duty and function historically assigned to and performed by the Clerks at Waycross, Georgia.

2. Because of the aforementioned violation(s), the Carrier shall now be required to return the cleaning of the cars to the Clerical craft at Waycross, Georgia, and compensate the Senior Available Employe(s), Guaranteed Extra Board or unassigned in preference, eight (8) hours at the applicable rate, be it overtime or straight time, for each date that the Carrier allowed the non-covered employes to clean cars, as outlined in Attachment `A' of this claim. A perusal of the Carrier's records shall determine the `available' employes outlined in the claim.

CLAIM NO. 2

1. The CSX Transportation violated the Agreement(s), as outlined

in Attachment (A) of this claim, beginning on dates from

March 1 through April 9, 2001, after it had abolished all clean

out track positions at Waycross, Georgia, and subsequently

allowed members not covered under the TCU Clerical

Agreement to perform the duties of cleaning cars at Waycross,

Georgia, which is a duty and function historically assigned to

and performed by the Clerks at Waycross, Georgia.

2. Because of the aforementioned violation(s), the Carrier shall

now be required to return the cleaning of the cars to the

Clerical craft at Waycross, Georgia, and compensate the Senior

Available Employe(s), Guaranteed Extra Board or unassigned

in preference, eight (8) hours at the applicable rate, be it

overtime or straight time, for each date that the Carrier

allowed the non-covered employes to clean cars, as outlined in

Attachment `A' of this claim. A perusal of the Carrier's

records shall determine the `available' employes outlined in the

claim."

Parties to said dispute were given due notice of hearing thereon.

As Third Party in Interest, the Brotherhood Railway Carmen Division of TCU was advised of the pendency of this dispute, but chose not to file a Submission with the Board.

The claims at issue here, although processed separately on the property, are identical except for the claim dates and have been consolidated for purposes of disposition by the Board.

With respect to "Claim No. 1," the record indicates that the Carrier abolished five of nine Car Cleaning positions in the Mechanical Department at Waycross, Georgia, effective April 7, 2000 and assigned the duties of the incumbents to Carmen not covered by the .Agreement. That action was questioned by the District Chairman, but no reply to his written inquiry was received. On March 5, 2001, this claim was submitted taking exception to the Carrier's action, requesting that car cleaning be returned to covered personnel and demanding reimbursement for the loss of interim earnings.

"Claim No. 2" is an extension of "Claim No. 1." Filed April 21, 2001, it protests the January 12, 2001 abolishment of the four remaining cleaner positions and assignment of their duties in similar fashion to Carmen.

On May 1, 2001, local management responded to both claims offering three hours of straight time pay for each date claimed providing the Organization would identify the Claimants entitled to the payments. That offer was rejected and the claim was conferenced. Thereafter the parties conversed extensively in writing concerning the adequacy of the Carrier's settlement offer, the sufficiency of evidence supporting the claim, whether the Organization had identified any Claimant suffering actual loss and related issues. 1

There appears to be no dispute concerning the basis for the claims in dispute, at least until settlement of the matter bogged down over the question of how much the Carrier was prepared to pay to dispose of them. It further appears that at the local level W. D. Smith, Il, Regional Director Administration Southern Region, was prepared to award three hours of pay for all dates listed provided the Organization identified the proper Claimants.

There was an irreconcilable fact dispute on the property. The Organization says substantial cleaning was performed. The Carrier says that because the cars were nearly totally destroyed, minimal work was done by Carmen. Much of the evidence was in substantial conflict and indecipherable. Accordingly, we direct the Carrier to pay three hours as local management offered on the property with the Organization to identify the proper Claimants.

AWARD