Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28286
THIRD DIVISION Docket No. CL-27998
90-3-87-3-528
The Third Division consisted of the regular members and in
addition Referee George S. Roukis 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-10191) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Garden City, Kansas, on may 29, 1986, when it removed A. F. Jackson from
the unexpired short vacancy to which she was assigned, and
(b) Ms. A. F. Jackson shall now be compensated eight (8) hours' pay
at the pro rata rate of Position No. 6000 for May 29, 30, 1986, and June 2,
1986, in addition to any other compensation she may have received for the
above."
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.
The basic facts in this case are set forth as follows:
Claimant who was in an off-in-force reduction status was requested
to re-familiarize another employee on Position No. 6000. This assistance
occurred on May 27 and 28, 1986. The regular incumbent of said position was
on scheduled vacation from May 27, 1986, through June 13, 1986, and thus
Carrier protected this position with an employee from the Zoned Extra Board.
It was the Organization's position that said personnel action violated the
Controlling Agreement, particularly Rule 14 among others and also Section 2(a)
of Appendix 10 of the Zoned Extra Board Agreement. In essence, the Organization asserted that the em
the position. It also argued that employees on the Zoned Extra Board were
precluded from displacing employees in an off-in-force reduction status.
Form 1 Award No. 28286
Page 2 Docket No. CL-27998
90-3-87-3-528
In rebuttal, Carrier contended that Claimant was not assigned to
protect the short vacancy, but rather to refamiliarize the called in Zoned
Extra Board employee with the RCAO reports. It asserted that said employee
was qualified for the position and, as such, was called in pursuant to Section
2(a) of the Zoned Extra Board Agreement, which reads:
"When a short vacancy exists, and if it is to be
filled, qualified employees on Extra Board Positions in that zone will be used to fill such
vacancy before applying the provisions of Rule
14 provided the employee is available at the
straight time rate."
Since the provision of Appendix 10 takes precedence over Rule 14, Carrier
maintained that it complied with the governing requirements.
In considering this case, the Board concurs with the organization's
position. To be sure, Section 2(a) of the Zoned Extra Board Agreement takes
precedence over Article 14 when short vacancies are to be filled, but the
employee called must be qualified for the position. In the case herein,
despite Carrier's assertion to the contrary, the employee used from the Zoned
Extra Board was not qualified to assume immediately the _full duties of Position No. 6000, but requi
reports. Since the language of Section 2(a) is explicit and requires the
Zoned Extra Board to be qualified at the inception of the short vacancy
assignment, two (2) days re-familiarization is a significant portion of the
short vacancy period. Consequently, under these circumstances, we are not
convinced that said employee was qualified as that word is understood under
Section 2(a). We will not grant compensation requested for May 29, 30 and
June 2, 1986, since Claimant was provided protective compensation for these
days as per the February 7, 1965 Mediation Agreement, but we will direct that
she be paid the difference, if any, between the rate she would have earned had
she worked the position and the amount she received as protective pay.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
e~z
Nancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.