NATIONAL RAILROAD ADJU3'Ir1EPT BOARD
TRIM DIVISION Docket Number CL-23812
Rodney E. Dennie, Referee
(Brotherhood of Railway,. Airline and Steamship Clerks,
( Freight
Handlers,
Express and Station Employee
PARTIES 7C) DISPUTE:
(Chicago & Illinois Midland Railway company
3TATFMEPT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-9373) that:
1. Carrier violated the Agreement between the parties when it sailed
J. C. Byrd (a trainee) to fill the position of Third Trick Telegrapher, Pekin.,
Illinois, on December 25, 1979.9 (n gal holiday) in lieu of the regular assigned employs, K. A. Stau
2. Carrier shall now be required to compensate K. A. Strnxtlammer
one days' pay at the time and one-half rate of her regular assignment for
December 25, 1979·
OPINION (F HOARD: Claimant K. A. Stxauthammer was regularly assigned to the
position of Relief Agent-Telegrapher-Clark in Pekinp
Illinois. Her regularly assigned work week would have had her working the
third trick on December 25, 1979, Christmas Day. Claimant was told, however.,
that she would not be working the third trick on December 25. Carrier inter
decided that it needed coverage on that trick, however., and called Claimant's
home at about 9:00 p.m. to inform her that she should report to work. She
did not answer the phone. Carrier then called a trainee who worked Malmant's
regular shift. When Claimant discovered that the trainee had worked her shift,
she filed a claim requesting one day's pay at time-and-one-half. (terrier
denied the claim and it hoe progressed to this Hoard far resolution.
There is no dispute that Claimant lv;d the right to work the third
trick on December 25. It was her regularly ansigned shift. The only real
issue before this Board is whether one call,
a
single attempt to contact an
employe who should have been called, represented s sufficient effort on the
part of Carrier*
Based on the record before us, it is the opinion of this Board that
Carrier could have and should have made mare of as effort to contact Claimant
to inform her that she should report for work. One call in such a situation
falls short of any reasonable definition of sufficient effort. Accordingly,
the claim must be sustained.
Award Number 23'61
Docket Number CLa'3812
FINDINGS.- The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
Page 2
That the Carrier and the Employes involved is this dispute are
respectively Carrier affil 13aployea within the meaning of the Railway f8bor
Art, as approved June 21, 193:
That this Division of the Adjustment Board hoe jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
Claim sustained.
ATTEST: Acting Executive Secretary
A W A R D
National Railroad Adjustment 1soard
NATIONAL RAILROAD ADJUSWPR' HOARD
By Order of Third Division
JAAw"6,
ie Breach Administrative Assistant
Dated icago, Illinois, this 10th day of Marsh 1982.