Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27935
THIRD DIVISION Docket No. CL-28013
89-3-87-3-575
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10196) that:
(a) Carrier violated the provisions of the current Clerk's Agreement
at Amarillo, Texas, on June 30, 1986, when it failed or refused to call L. B.
Dodd to protect the short vacancy of Car Clerk Position No. 6191, and
(b) L. B. Dodd shall now be compensated eight (8) hours' pay at the
rate of Car Clerk Position No. 6191 for June 30, 1986, in addition to any
other compensation she may have received for this day."
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.
Claimant is a Clerk in off-in-force reduction status. On Monday,
June 30, 1986, a short vacancy existed on a Car Clerk position. Carrier
called a less senior Clerk than Claimant to cover the position. Claimant contends that she was avail
day. Carrier contends that Claimant had marked off and was not available to
cover the vacancy. This Board has reviewed the record and we find no definitive evidence to support
this claim because of an irreconcilable dispute in fact.
Form 1 Award No. 27935
Page 2 Docket No. CL-28013
89-3-87-3-575
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
loop
Nancy J. D Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.