Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28095
THIRD DIVISION Docket No. CL-27036
89-3-86-3-77
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman 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-10081) that:
a. Carrier violated the rules of the current Clerks' Agreement at
Richmond, California, on December 25, 1984, when it required Mr. L. Gurganious
to take the holiday off (Christmas Day) and allowed another employe to perform
his duties, and
b. Mr. L. Gurganious shall now be compensated for eight (8) hours'
pay at time and one-half for December 25, 1984, at the Car Clerk rate of pay
in addition to any other compensation he received on this day as a result of
such violation of Agreement rules, and
c. Carrier shall now be required to pay 25 per cent (25X) interest
compounded daily until claim is paid."
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 the regularly assigned occupant of Car Clerk Position No.
6014 at Richmond, California, assigned to work 11:00 P.M. to 7:00 A.M., Sunday
through Thursday with rest days of Friday and Saturday. Claimant's position
was blanked on December 25, 1984, a designated holiday. On that date, the
Organization alleges that the work normally assigned to Claimant was performed
by Head Car Clerk on Position No. 6011.
The Organization cites Rules 26, 27 and 32-G in support of its position. It argues that Claimant has
the holidays involved. The Organization does not refute Carrier's right to
blank a position on a holiday, but argues that other employees were required
to perform the work of Claimant in violation of Rule 32-G. It asks that the
Claim be sustained in its entirety.
Form 1 Award No. 28095
Page 2 Docket No. CL-27036
89-3-86-3-77
Carrier, on the other hand, argues that the work in dispute is not
exclusively assigned to Claimant. It maintains that the positions are both
car clerk positions and, as such, either position can perform the work
involved in the instant dispute. In the Carrier's view, the work is not
unique to Claimant's position and, accordingly, the Claim should be denied.
With exception of the dates and the nature of the work involved, this
dispute is the same as that considered in Third Division Award 27206. As in
that case, the Board here concludes that the work in dispute was not improperly performed by the Hea
in Award 27206 is palpably erroneous. Accordingly, the Claim is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. a Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1989.