Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27207
THIRD DIVISION Docket No. CL-27140
88-3-86-3-208
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka 6 Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10088) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at La Junta, Colorado on December 25, 1984 and January 1, 1985, when it required and/or permitted an
No.
6013 on days which Carrier declared the position blanked, and
(b) Claimant E. Vela shall be compensated for eight (8) hours' pay at
the time and one-half rate of RFO Clerk Position
No.
6013 for December 25,
1984 and January 1, 1985. Claimant H. V. Holter shall now be compensated for
eight (8) hours' pay at the time and one-half rate for December 25, 1984.
Said compensation for Claimants shall be in addition to any other compensation
received on said dates."
FINDINGS:
The Third 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.
In this dispute, the Claimant holds an RFO Clerk position and was not
assigned to work on two dates which were holidays (and which would otherwise
have been scheduled work days). The claim alleges that work assigned to the
Claimant was performed by another RFO Clerk while the Claimant's position was
allegedly blanked.
Except as to dates and the particulars of the work involved, this
dispute is the same as that considered in Third Division Award 27206. The
Board here reaches the same conclusion as in that Award, based on the same
reasoning.
Form 1 Award No. 27207
Page 2 Docket No. CL-27140
88-3-86-3-208
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: . ~(/
Nancy J. D
111'~-
Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.