Form I
NATIONAL RAILROAD
ADJUSTMENT BOARD Award No. 28033
THIRD DIVISION Docket No. CL-27609
89-3-87-3-49
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen 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-10156) that:
(a) Carrier violated the provisions of the current Clerk's Agreement
at Joliet, Illinois, on November 1, 1985, when it failed and/or refused to
notify and allow Claimant covered by that Agreement to protect awarded position until November 4, 19
(b) Carrier further violated provisions of the current Clerk's Agreement when it allowed a junio
(c) Carrier shall now compensate Claimant G. A. Wargo for three (3)
days' pay at the rate of $99.30 per day in addition to other compensation
Claimant may have already received for that time period."
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 was senior bidder on a position of Car Clerk listed on a
bulletin which closed out at noon on Friday, November 1, 1985. Claimant observed rest days of his ol
and laid off sick on Monday, November 4, 1985. The new position to which
Claimant bid had rest days of Sunday and Monday. An Assignment Bulletin was
posted on Monday, November 4, 1985, showing Claimant as the successful bidder
for the Car Clerk position. Under these circumstances, Claimant started working his new assignment o
Form 1 Award No. 28033
Page 2 Docket No. CL-27609
89-3-87-3-49
On December 11, 1985, the Organization filed a Claim in behalf of
Claimant alleging that by "long practice" Claimant should have been notified
at noon on November 1, 1985, of his successful bid and assigned immediately to
the new position. On that basis, the Claimant seeks "three days pay."
There is no evidence on this record concerning the "long practice"
alleged by the Organization. Nor does the language of the controlling Agreement support this Claim.
obvious that Carrier complied strictly with the 72-hour posting period of Rule
11B. Given the state of this record we find no basis upon which the Claim can
be sustained.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ze~
Nancy J. ev - Executive Secretary
Dated at Chicago, Illinois this 10th day of August 1989.