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:
"(Carrier File 6(01-0092)
(TCU File 1.2537(18)SCL)
1. Carrier violated the Agreement(s) on the above-mentioned
dates [twenty-three (23) claims filed on various dates], when it
allowed Yardmasters (named in each claim) to make Yard
Inventory Adjustments (YSIA) [YSAD] on train/track/cut at
000003 and 000006. 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.
(Carrier File 6(01-0155)
(TCU File 1.2576(18)SCL)
1. Carrier violated the Agreement(s) on October 3, 2000, when it
allowed Yardmaster D. W. Kelly to yard (YSAD)
train/track/cut at Mile Post 000003. 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. 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)
1. Carrier violated the Agreement(s) on October 2, 2000, when it
allowed Yardmaster M. J. Carman to yard (YSAD)
track/train/cut Y35601 at Mile Post 000003. 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:
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.
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.").
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 37931
Page 4 Docket No. CL-37044
06-3-02-3-8
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 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
John P. Lange
September 19, 2006 .