Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28325
THIRD DIVISION Docket No. CL-28283
90-3-88-3-52
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 Organization
(GL-10233) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Fresno, California, on December 8, 1986, when it failed and/or refused to
call H. L. McIntosh to fill the short vacancy on Crew Clerk Position No. 6021,
and
(b) Claimant H. L. McIntosh shall now be compensated for eight (8)
hours' pay at the pro rata rate of Crew Clerk Position No. 6021 for December
8, 1986, in addition to any other compensation Claimant may have received on
claim date as a result of such violation."
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.
In this dispute, the Organization asserts that Carrier violated Rule
14, particularly those provisions defining a short vacancy and outlining the
procedures for filling a short vacancy. Specifically, when the regularly
assigned occupant of Crew Clerk Position No. 6021, at Fresno, California, was
moved up to Head Crew Position No. 5002 (PAD) on December 8, 1986, a short
vacancy existed, which should have been assigned to the Claimant. Claimant is
the regular occupant of Relief Crew Clerk Position No. 9337, which is assigned
to provide rest day relief to Positions 6021, 6020, and 6019. According to
the Organization, since there were no qualified extra board or off-in-force
Form 1 Award No. 28325
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reduction employees available at the straight time rate and since Claimant was
the senior regularly assigned employee with a written request on file indicating his desire to prote
should have been called to protect this vacancy. It took exception to Carrier's response that no dut
solely germane to Position No. 6021, arguing instead that said position calls
passenger, freight and yard crews exclusively at Richmond on the Second Subdivision of the Valley Di
Clerk Position No. 6021 had been effectively blanked, none of the trains would
have been ordered and called east out of Richmond nor would have any of the
trains arriving from the east at Richmond been inbound with the crew's arrival
and tie up time updated.
Carrier argued that since there were no zoned extra board or off-inforce reduction employees ava
to blank the position consistent with Rule 14-A and have the Crew Clerks on
duty perform the pool work. It observed that two Crew Clerks each shift
handle all the duties of crew calling and, as such, when Crew Clerk Position
No. 6021 was blanked, the work thereof was distributed to the other Crew
Clerks who perform the same duties. Moreover, it asserted that Claimant
failed to indicate what work was actually performed and failed to establish
that said work was exclusive to Crew Clerk Position No. 6021. It also took
issue with the monetary Claim advanced by Claimant, since he worked his
regular daylight assignment and suffered no monetary loss.
In considering this case, the record shows that Claimant had properly
filed a blanket request for short vacancies on Crew Clerk Position No. 6021
and also that said position was officially blanked by Carrier on December 8,
1986. The record also shows that Claimant worked Crew Clerk Position
No.
6020
on December 8, 1986, with assigned hours of 8:00 A.M. to 5:00 P.M. Furthermore, since there are pers
such as handling the Richmond Crews on the Second Subdivision of the Valley
Division, which appear to be performed by Crew Clerk Position
No.
6021, we
cannot conclude that all of the work performed on December 8, 1986, was pool
work. In fact, Claimant noted in his letter of December 9, 1986, that he had
to cover the work bulletined for Position No. 6021 as well as the duties of
his own assignment, Position
No.
6020. He did not detail, however, the comparative specifics or the duration of the work performe
on this position, he would be eligible for such work, assuming availability,
and also assuming that the position was not blanked. If the position were
blanked, but the work or part of the work of the position were performed by
other employees, a violation of Rule 14 would occur. In the instant case,
Claimant performed part of the work. The quantity of time expended is indeterminate. We will award f
pro rata rate of Position No. 6021.
Form 1 Award No. 28325
Page 3 Docket No. CL-28283
90-3-88-3-52
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: 00,
a cy J/
4V
-Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1990.