Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37789
Docket No. CL-37091
06-3-02-3-55
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:
(CSX Transportation, Inc. (former Seaboard Coast Line
(Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Union that:
(Carrier File 6(00-1183)
(TCU File 1.2308(18)SCL)
1. Carrier violated the Agreement on various dates, as noted in
each claim, when it allowed the General Clerks located at
Flomaton, Alabama, to adjust the yard inventory at Flomaton,
Alabama. This was done in lieu of allowing Clerk A. L.
McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $147.14 for the above violation.
(Carrier File 6(00-1184)
(TCU File 1.2307(18)SCL)
1. Carrier violated the Agreement on various dates, as noted in
each claim, when it allowed the General Clerks located at
Flomaton, Alabama, to adjust the yard inventory at Flomaton,
Alabama. This was done in lieu of allowing Clerk A. L.
McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida.
Form 1 Award No. 37789 ,err
Page 2 Docket No. CL-37091
06-3-02-3-55
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $147.14 for the above violation.
(Carrier File 6(00-1190)
(TCU File 1.2312(18)SCL)
1. Carrier violated the Agreement on June 4, 2000, when it
allowed General Clerk M. M. Ledbetter, located at Flomaton,
Alabama, to transmit via the computer at Flomaton, Alabama,
the moving of cars from Wawbeek, Alabama, (milepost 000614)
to Flomaton, Alabama, (milepost 000608) in lieu of allowing
Clerk A. L. McCombs to perform this work at the Customer
Service Center at Jacksonville, Florida.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $142.66 for the above violation less compensation
received.
(Carrier File 6(00-1288)
(TCU File 1.2381(18)SCL)
1. Carrier violated the Agreement on July 22, 2000, when it
allowed the General Clerks at Flomaton, Alabama, to adjust
the yard inventory tracks in the computer at Flomaton,
Alabama, in lieu of allowing Clerk A. L. McCombs to perform
this work at the Customer Service Center at Jacksonville,
Florida.
2. Carrier shall now be required to compensate Clerk McCombs
eight (8) hours at time and one-half his current rate of $147.14,
plus any general wage increase, for each day and each shift he
was not properly called to perform this work, and continue
until this violation is stopped.
Form 1 Award No. 37789
Page 3 Docket No. CL-37091
06-3-02-3-55
(Carrier File 6(00-1120)
(TCU File 1.2285(18)SCL)
1. Carrier violated the Agreement on various dates, as noted on
each individual claim, when it allowed the General Clerks (as
named in the original claims) located at Flomaton, Alabama, to
adjust the yard inventory (as named in each claim).
2. Carrier shall now be required to compensate Clerk A. L.
McCombs, ID No. 181940, for eight (8) hours at the time and
one-half rate of $142.66 for each cited violation."
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 this claim, the Organization alleges that on a number of dates the Carrier
assigned Clerks at Flomaton, Alabama, to perform the YSIA function to adjust
freight cars in the yard inventory rather than assigning that work to a Customer
Service Representative ("CSR") at the Customer Service Center ("CSC") in
Jacksonville, Florida.
The background for this claim is set forth in Third Division Awards 37227
and 37760.
As more fully set forth in Third Division Award 37760, the Board has
jurisdiction to resolve this claim.
Form I Award No. 37789 _,p
Page 4 Docket No. CL-37091
06-3-02-3-55
The record in this case shows that the disputed work: (1) was performed by
someone other than a CSR at the CSC; (2) was performed by a Clerk at Flomaton,
Alabama, prior to the 1991 Implementing Agreement; and (3) was performed by a
CSR at the CSC after the 1991 Implementing Agreement took effect. Under the
three-part test set forth in Third Division Award 37227, the Organization has shown
that the work was transferred from Flomaton, Alabama, to the CSC under the
terms of the 1991 Implementing Agreement and was later improperly performed by
someone other than a CSR at the CSC in violation of the parties' Collective
Bargaining Agreements.
Under the rationale stated in Third Division Award 37227, this claim shall be
sustained at the $15.00 requirement.
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 31st day of May 2006.
CARRIER MEMBERS' DISSENT
TO
THIRD DIVISION AWARDS 37781, 37782, 37783, 37784, 37785, 37786, 37787, 37788,
37789, 37790, 37799, 37800, 37801, 37802, 37803
DOCKETS CL-37043, CL-37052, CL-37073, CL-37076, CL-37078, CL-37080,
CL-37081, CL-37082, CL-37091, CL-37096, CL-37036, CL-37045, CL-37047,
CL-37055, CL-37063
(Referee Edwin H. Benn)
These Awards involve the performance of various computer functions, including
adjusting yard inventory, at field locations by Clerks and Yardmasters.
We dissent on the ground that the Board lacks the subject matter jurisdiction to decide
the claims. For the sake of brevity, our Dissent to Third Division Awards 37760 through
37765 is incorporated herein by reference.
ire. ~
Bjarne R. Henderson
' . l""
John P. Lange
June 21, 2006
LABOR MEMBER'S RESPONSE
TO
CARRIER
MEMBER'S DISSENT
TO
THIRD DIVISION AWARDS 37781., 37782 37783, 37784, 37785, 37786, 37787,37788,37789,
37790,37799,37800,37800,37801,37802,37803
DOCKETS CL-37043, CL-37052, CL-37073, CL-37076, CL-37078, CL-37080, CL-37081,
CL-37082, CI,37091, CL-37096, CL-37036, CL-37045, CL-37047, CL-37055,
CL-37063
(Referee Edwin $ Benn)
The Carrier Member's Dissent to the aforementioned Awards is a reiteration of its previous
Dissent involving the performance of computer functions at field locations by non-covered
employees. The redundant Dissent is still without substance and adds no value. Jts only saving
grace is its brevity.
Contrary to the Carrier's assertions and illogical arguments the history of these disputes
reflects the factthat the Carrier has repeatedly lost identical cases before four different distinguished
arbitrators. It
is
time for the Carrier to accept its loss, pay the grievances and cease violating the
Collective Bargaining Agreement.
All of the Awards listed above are correct and precedential. The Carrier Member's Dissent
does no detract from their validity.
Respectfully submitted,
William R. Miller
TCU Labor Member
June 21, 2006