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.
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.
In this claim, the Organization alleges that the Carrier assigned a Yardmaster at Ashland, Illinois, to issue work orders 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.
In order to prevail in this case and under the three-part test set forth in Third Division Award 37227, the Organization must demonstrate that the disputed work: (1) was performed by someone other than a CSR at the CSC; (2) was performed by a Clerk at Ashland, Illinois, prior to the 1991 Implementing Agreement; and (3) was performed by a CSR at the CSC after the 1991 Implementing Agreement took effect. There is no evidence in this record to support that needed showing to meet the three-part test. The evidence submitted by the Organization focused upon work performed at Chicago, Illinois. The Organization had to show that the work was performed at Ashland, Illinois, as asserted in the claim. The claim will therefore be denied. Form 1 Award No. 37935
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-3707.1, CL-37072, CL-37077,
CL-37090, CL-37094
These Awards involve the performance of various computer functions, including adjusting yard. inventory, at field locations by Clerks and/or Yardmasters.
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.