Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28317
THIRD DIVISION Docket No. CL-28433
90-3-88-3-209
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig 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-10269) that:
1. Carrier violated the provisions of the current Clerks' Agreement
at Barstow, California, on November 14 and 26, 1986, when it failed and/or
refused to call R. Vargas to protect the rest days of her regular assignment,
and
2. R. Vargas shall now be compensated eight (8) hours at the time
and one-half rate of Car Clerk Position No. 6011 for November 14 and 28, 1986,
in addition to any other compensation received for the days under claim."
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 Claimant occupied Position No. 6011 with hours of duty 7:00 A.M.
to 3:00 P.M. Sunday through Thursday, with rest days on Friday and Saturday.
The general issues are the same as in Third Division Award 28315, and we find
here, as we found in that case, that the Claim must be denied.
A W A R D
Claim denied.
Form 1 Award No. 28317
Page 2 Docket No. CL-28433
90-3-88-3-209
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:~·j
Nanc ver - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1990.