Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37799
Docket No. CL-37036
06-3-02-3-2
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(01-0085)
(TCU File 1.2644(18)SCL)
1. Carrier violated the Agreement(s) on August 17 and 20, and
September 8, 2000, when it allowed Yardmaster/Clerk (as
specifically named in each claim) to make Yard Inventory
Adjustments (YSIA) on train/track/cut at Rocky Mount, North
Carolina. 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."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 37799
Page 2 Docket No. CL-37036
06-3-02-3-2
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.
In this claim, the Organization alleges that on a number of dates the Carrier
assigned Yardmasters/Clerks at Rocky Mount, North Carolina, to perform the YSIA
function to make yard inventory adjustments rather than assigning that work to a
Customer Service Representative ("CSR") at the Customer Serviced 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.
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 Rocky Mount,
North Carolina, 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 Rocky Mount 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.
Form 1 Award No. 37799
Page 3 Docket No. CL-37036
06-3-02-3-2
For reasons stated in Third Division Award 37760, arguments made by the
UTU do not change the result.
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 21st day of June 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.
Me.
AMichael C. Lesnik
Martin W. Fingerhut
ass R. a4"u"
June 21, 2006
TABOR 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, CL-37091, CL-37096, CL-37036, CL-37045, CL-37047, CL-37055,
CL-37063
(Referee Edwin H. 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. Its 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 irs loss, pay the grievances and ecase violating the
Collective Bargaining Agreement
All of the Awards listed above are correct and precedential. The Carrier Member's Dissent
does not detract from their validity.
Respectfully submitted,
William R. Miller
TCU Labor Member
June 21, 2006