Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11957
SECOND DIVISION Docket No. 11775
90-2-89-2-92
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Kansas City Southern Railway Company - Louisiana &
( Arkansas Railway Company
STATEMENT OF CLAIM:
1. That the Kansas City Southern Railway Company - Louisiana &
Arkansas Railway Company violated the controlling agreement, particularly Rule
13(b), when Carman R. R. Peterson, Jr. lost one day's compensation on February
24, 1987, when he was not notified to return to his regular assignment on that:
date (February 24, 1987), and instead was not returned to his job until
February 25, 1987.
2. That accordingly, the Kansas City Southern Railway Company -
Louisiana & Arkansas Railway Company be ordered to compensate Carman Peterson
in the amount of eight (8) hours pay covering the date of February 24, 1987,
Shreveport, Louisiana.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes 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 waived right of appearance at hearing
thereon.
The facts in this case are basically undisputed. Claimant was temporarily working an assignment with Monday and Tuesday rest days. On Monday
Carrier permitted the regular incumbent to reclaim the assignment, effective
on Wednesday. It made one attempt, on Monday, to contact Claimant by phone to
advise him to return to his regular assignment, which had rest days of Saturday and Sunday. This call was unanswered and no further attempt was made until Tuesday. Claimant returned to his assignment on Wednesday. Claim is made
for time lost on Tuesday, because Claimant did not work his regular assignment
on that day.
Form 1 Award No. 11957
Page 2 Docket No. 11775
90-2-89-2-92
Rule 13 (b) of the Agreement provides that upon the return of a
regular employee the employee relieved shall be returned to his former posi-
tion. The absent employee reclaimed his assignment on Monday. Claimant,
under the Rule, was entitled to return to his former job on Tuesday. Carrier
had an obligation to attempt to effect notice of the change so that Claimant
could in fact return to his job on Tuesday. We do not believe that a single
attempted phone call fulfills this obligation.
The Claim has merit and will be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
000~1~
Attest:
ante. D a -Executive Secretary
Dated at Chicago, Illinois, this 28th day of November 1990.
VMW