Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37931
Docket No. CL-37044
06-3-02-3-8

The Third Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.

(CSX Transportation, Inc. (former Seaboard Coast Line
( Railroad Company)
PARTIES TO DISPUTE:
(Transportation Communications International Union

STATEMENT OF CLAIM:






Form 1 Award No. 37931
Page 2 Docket No. CL-37044
06-3-02-3-8
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.
(Carrier File 6(01-0062)
(TCU File 1.2535(18)SCL)



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.


Form 1 Award No. 37931
Page 3 Docket No. CL-37044
06-3-02-3-8

As Third Party in Interest, the United Transportation Union - Yardmasters Department (UTU) was advised of the pendency of this dispute and chose to 1-ale a Submission with the Board.


In these claims, the Organization alleges that the Carrier assigned Yardmasters at Louisville, Kentucky, to perform the YSIA or YSAD functions to make yard inventory adjustments or yard trains 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.


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 Louisville, Kentucky, 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 Louisville 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.


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. The remedy applies to each transaction. See Third Division Award 37933 (". . . the $15.00 remedy applies to the transaction . . . irrespective of the number of cars involved.").





Form 1 Award No. 37931
Page 4 Docket No. CL-37044
06-3-02-3-8



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.



                      By Order of Third Division


Dated at Chicago, Illinois, this 19th day of September 2006.

CARRIER MEMBERS' DISSENT

TO

THIRD DIVISION AWARDS 37929, 37930, 37931, 37932, 37933

37934, 37935, 37936, 37937, 37938, 38939, 37940, 37941, 37942


DOCKETS CL-37037, CL-37039, CL-37044, CL-37049, CL-37051

CL-37056, CL-37057, CL-37061, CL-37064, CL-37071, CL-37072, CL-37077,

CL-37090, CL-37094


                    (Referee Edwin H. Berm)


These Awards involve the performance of various computer functions, including adjusting yard inventory, at field locations by Clerks and/or Yardmastem


Awards 37932, 37935, 37938 and 37941 denied the claims presented therein. The claims that culminated in Awards 37929, 37930, 37931, 37933, 37934, 37936, 37937, 37939, 37940, and 37942 were sustained in accordance with the Findings. Although four of the 14 Awards decided the involved claims in favor of the Carrier, we nevertheless dissent on the ground that the Board lacks the subject matter jurisdiction to decide any of these claims. For the sake of brevity, our Dissent to Third Division Awards 37760 through 37765 is incorporated herein by reference.


                              ire. .e

                              Michael C. Lesnik


                              Martin W. Fingerhut


                              BR. A.dauox

                              Bjarne R. Henderson


                              ;6" A. 26os"


                              John P. Lange


September 19, 2006 .