Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28831
THIRD DIVISION Docket No. CL-28752
91-3-89-3-150
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-10352) that:
CLAIM NO. 1:
(a) Carrier violated the rules of the current Clerks' Agreement at
Los Angeles, California, on February 12, 1988, when A. E. Nerkowski was not
properly compensated for work performed; and
(b) A. E. Nerkowski shall now be compensated for four (4) hours at
the straight time rate in addition to any compensation Claimant may have
received for these days at rate of Position No. 6134.
CLAIM NO. 2:
(a) Carrier violated the rules of the current Clerks' Agreement at
Winslow, Arizona, on April 20, 1988, when it diverted Claimant J. R. Adelfson
from Position 6097, TOFC Clerk, Winslow, Arizona, to perform relief work and
then failed and/or refused to properly compensate him; and
(b) Claimant J. R. Adelfson shall now be compensated (7) hours' pay
at the pro rate rate of $106.97 plus one (1) hour's pay at the pro rate rate
of $106.97 at time and one-half, in addition to any other compensation already
received, as a result of such violation of Agreement rules."
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.
Form 1 Award
No.
28831
Page 2 Docket
No.
CL-28752
91-3-89-3-150
In this dispute there are two (2) separate Claims though the basic
adjudicative issue is the same. In both cases Claimants were in off-in-force
reduction status when they were called to protect short vacancies, and in both
cases they were notified to protect other positions before the start of the
short vacancies. With respect to Claim 1, the Claimant was scheduled to
protect Position
No.
6134 (HD Record File Clerk) on February 12, 1988, but was
notified at 11:10 P.M. on February 11, 1988, to protect Position
No.
6236
(Towerman) on February 12, 1988, at Redondo Tower. The regular incumbent of
the position had laid off due to sickness. Position
No.
6236 was subject to
the Hours of Service Law. Regarding Claim 2, the Claimant was scheduled to
protect a short vacancy on TOFC Clerk Position
No.
6097, effective April 20,
1988, but was notified on April 19, 1988, that he was to protect Car Clerk
Position
No.
6061 at Flagstaff, Arizona on April 20. Claims were filed by the
Organization on March 12, 1988 (Claim 1) and May 31, 1988 (Claim 2) contesting
these actions.
It is the Organization's position that when Carri.: scheduled Claimants to fill Position Nos. 61
diverted them to other positions, said diversions amounted to relief work and
were violative of Rules 1, 4, 5, 6, 8, 11, 26, 27, 31, 32, 47 and 59 of the
Controlling Agreement and the December 7, 1977 Letter of Understanding concerning Third Division Awa
In response, Carrier argues that Claimants were not regularly assigned employees as that term is
Work of the Controlling Agreement and the intended application of the December
7, 1977 Letter of Understanding. Carrier maintains that since neither employee occupied a regular as
reduction status and since they were initially scheduled to occupy these positions as short vacancie
diversionary relief work. Rule 32-a applied and the December 7, 1977 Letter
of Understanding only applied to regularly assigned employees.
In considering this case, and specifically within the context of the
parties on-situ. appeals correspondence, the Board is confronted with a positional standoff wherein
the vacated regular assignments, while Carrier argues that said employee is an
unassigned employee and not subject to the coverage of Rule 32-N and the
December 7, 1977 Letter of Understanding. The Organization offered no proof
or further detailed explication on the property that its interpretative position was observable prac
that were not presented or discussed on the property. Under Board Circular
No. 1, we must deem this material inadmissible. Accordingly, based upon the
on-situ. written appeals record, we cannot conclude that Carrier violated the
Agreement and/or the December 7, 1977 Letter of Understanding.
Form 1 Award No. 28831
Page 3 Docket No. CL-28752
91-3-89-3-150
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy er - Executive ~Secretary
Dated at Chicago, Illinois, this 25th day of June 1991.