_. RATIONAL RAILROAD ADJUSTMIW HOARD
T81RD DIVISION Docket Number CL-23207
Joseph A. Sickles, Referee
(Brotherhood of BSilway, Airline and Steamship Clerks,
( Freight Hamdlers, 8zpress and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STAB O' CLAIbI: Claim of the System Committee of the Brotherhood
(GL-8920) that:
1. Carrier violated the effective Clerks' Agreement when it
failed to call Clerk R. Ostron, the inemabent of Position
#551
for work on
his rest day of September 30, 19781
2. Ghrrier shall nor compensate Mr. Oatron for eight (8) hours'
pay at the time and one-half rats of Position
#551
far Saturday, September
30,
1978.
OPINION O' BOARD: The Claimant is a regular incumbent of a
5
day position,
with assigned hours of 8:00 sea* to
4:30
p.m., Monday
through Friday.
Prior to the incident under review, the employee represented by
this Organization had been involved in a strike action against the Carrier,
however the activity and picketing had terminated at 9:30 p.m. on Friday,
September 29, 1978 and certain employes were scheduled to work on Saturday,
September 30.
The Carrier elected to have work performed on the Claimant's
position on Saturday, September 30 but, according to the Organization, the
work was not offered to the Claimant, even though he was available and willing
to perform same. Instead, the Carrier called a junior employe to perform the
work.
According to the Claimant, utilization of the junior employe
violated the Work on Unassigned Days Rule. In addition, the Claimant points
out that he is senior to the employe who performed the work so that, in any
event, he should have preference even if both employes perform similar duties.
On the property, the Carrier took the position that when the
decision was made to perform the work in question, the Claimant was "not
available" for work. The Claimant asserts that the Employe's availability
could not be known by the Carrier at the time, because it did not attempt to
contact him. In response, the Carrier points out that on Friday, September 29,
the employe who was used in lieu of the Claimant was on duty, even though the
Organization was engaged in a strike against the Carrier, and he was asked to
Award Number 23246
Docket Number CL-23POT
Page 2
perform work on the following day at the close of the work day on September 29.
Further, the C.rrier states that the fact that the picket line was eventually
taken down late Friday was not something that could have been anticipated or
known, other than by the Organization.
We have considered the factual aspect of this case as it relates
to the rather clear mandates of the agreement concerning work on unassigned
days. Unquestionably, a Carrier must make a reasonable effort to call a
proper employee and Award 22178 specifically determined that a Carrier may
not make an assumption of unavailability. While the normal procedures may
have been to notify employes on a Friday concerning Saturday work, we must
recognize that those procedures would be more pertinent in a circumstance
different than here. It may very well be that the timing of the circumstances
might have precluded a lengthy exploration of manpower availability on the
part of the Carrier; yet the record contains absolutely no indication that
the Carrier took any effort to determine the Claimant's availability. Under
those circumstances we are inclined to sustain the claim, but in doing so
we stress that each such case of this nature must be determined on its own
individual merits.
FDMIr1GS: The Third Division of the Adjustment Board, upon the whole
record and all the evidenceo finds and holds:
That the pasties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Actp
as approved June 21, 1934;
That this Division of the Adjustment Board has Jurisliction over
the dispute involved herein; and
That the Agreement was violated.
Claim sustained.
AITFST:
Executive Secretary
NATIONAL RAILROAD AWUS20NT HOARD
By Order of Third Division
Dated at Chicago Illinois this 31st day of march 19$1,