NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
At Page 68 of said Agreement (Rule 27- Wage Scale), under the caption District (seniority) No. 15 is listed the position existing at Lime Springs, Iowa, on the effective date thereof. The listing for ready reference reads:
On each of the dates of the instant claim, i.e., July 23, 24, 25, 26, 27, 30, 31, August 20 29, 31, 31 and September 4, 1962, claimant Sherman made request to fill the "AX" position at Austin which was vacant account the regularly assigned occupant thereof, viz., employe Peck, working as train dispatcher and inasmuch as there were no extra telegraphers available to perform the service required on the "AX" position, claimant Sherman was permitted to perform such service for which he was compensated at the higher rate of the "AX" position.
During the time claimant Sherman worked on the "AX" position at Austin, his wife filled his agency position at Lime Springs and was compensated accordingly.
There is attached as Carrier's Exhibit A copy of letter written by Mr. S. W. Amour, Assistant to Vice President, to Mr. R. M. Olson, General Chairman, under date of March 7, 1963.
OPINION OF BOARD: Claimant, was required or permitted to absent himself from his regularly assigned position to work a relief assignment. This, Petitioner claims, violated Rule 14 (b) of the Agreement which reads:
"(b) Regularly assigned employes shall not be required to perform relief work except in cases of emergency. When required or permitted to perform such service, they shall receive the rate of the position upon which relieving or the rate of the position from which taken, whichever is the greater, including actual loss in commissions. If any such employe would receive time and one-half rate through the application of Rule 11, on any day such service is performed the time and one-half rate shall apply on that day or days. In addition thereto such employe shall be allowed $2.00 per calendar day for expenses while away from his regular assigned station.
The first sentence of the first paragraph of Rule 14 (b) makes clear that the remainder of the paragraph is applicable only in cases of emergency assignments. Inasmuch as Petitioner avers that there was no emergency giving rise to Claimant's assignment to the relief position and the record proves that averment, we find that Carrier violated the injunction prescribed in the first sentence; and, the remainder of the paragraph is not pertinent. The Claim for compensation as prescribed in the paragraph must be denied.
The third paragraph of the Rule is generally applicable to all regularly assigned employes. It is not confined to emergencies. Consequently, we find
that Claimant is entitled to reimbursement as provided for in that paragraph. We still sustain the Claim to that extent and deny it in all other respects.
The Claim as presented to this Board as well as the Claim processed on the property is predicated solely on alleged violation of Rule 14 (b). In its Submission and arguments before this Board Petitioner cites other provisions of the Agreement which it submits supports a finding that the Claimant is entitled to the compensation prayed for in the Claim. We are constrained by the Claim as presented. We have no jurisdiction to enlarge it.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
Claim sustained in part and denied in part to the extent set forth in the Opinion.