NATIONAL RAILROAD ADJUSTPENT
BOARD
THIRD DIVISION Docket Flumber
1S-21979
Herbert L. hbzrx, Jr., Referee
(Marie Hoover
PARTIES TO DISPUTE:
(The National Railroad Passenger Corporation
STATEMENT CF CLALM: I am appealing =j claim to you for $1.60 per day for
each day beginning march 11,
1976,
on which date
my
rate of pay was reduced, and continuing until such time as the job I am
holding, which the Company chose to advertise and award in accordance
with the provisions of Rule
6
of the BRAC/Amtrak Agreement, specifically
showing the Title of Position as "Commissary Worker Job
T13,
Lead," is
abolished, etc.
OPITIION OF BOARD: Claimant in this case was assigned to a position
of Lead Commissary Worker at Carrier's Chicago,
Illinois Dining Car facility. By letter dated March 10,
1976,
she vas
informed that the "Lead" designation was being removed from her position.
The Claim as outlined in the JTATEMNT OF CLAIM resulted.
The controlling Rules Agreement provisions in this dispute
are Rule 1(C) and Appendix "B". Rule 1(C) provides:
"(C) Rule
5
(Promotion), Rule
6
(BulletinAssignment) and Rule 10 (Reducing and Increasing
Forces) shall not apply to positions identified
as 'Partially Excepted positions' listed in
Appendix 'B'."
Appendix "B" is a list of Partially Excepted Positions, which
includes, among others:
"Lead Positions in any Category."
From the record in this case, it is apparent that the action
as taken by Carrier was permitted by the language of the applicable
Rules. Applying the facts in this dispute, the Board finds the Carrier
has the license to assign and/or remove employes from "lead" positions
without regard to the provisions of Rules
5, 6
and 10. We have no
alternative but to apply the Agreement as drafted by the parties. See
Award Nos.
21182, 20383, 19815, 18471
and
12558.
A-,card Number 22088
.Docket ?dumber
AS-21979
:age 2
Detitioner cannot
i1
this instance rely on pre'T'ious bul-leti_^_
i:.g of the "lead" position and argue that "past practices can inaeed
alter or amend the written terms of a collective bargaining agreement".
The Board does not agree. 4nere, as here, the language of the Rule is
clear and unambiguous, no amount oz contrary past practice can change
such language. The Board has consistently so ruled. See Award ?ics.
Nos. 21130, 20643, 18064 and 14115. - - _
FINDINGS: The Third Division of the Ad jus t=ent Board, after giving
the parties to this dispute due notice of hearing there
on, and upon the :.hole record and a:1, 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
That the Agreement was not vicla-ced'.
Claim denied.
ATTEST:
9U-4Z-=--W
:TATIODIAL RAILROAD ADJUSTIENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of 2~ay
1978.