Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29168
THIRD DIVISION Docket No. CL-29325
92-3-90-3-236
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
!Formerly The Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM: '-aim of the System Committee of the Brotherhood
(GL-10443) that:
1. Carrier violated the current Clerical Agreement when it failed
and/or refused to compensate Clerk E. L. Griffin one (1) day's guaranteed pay
for the week of May 22 -hrough 28, 1989.
2. As a resu:-- of the above violation, Carrier shall compensate
Clerk E. L. Griffin a guarantee day at the rate of $104.70."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, _:nds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectivei.! carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division .af the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant, who holds a Guaranteed Extra Board position at Pensacola,
Florida, seeks one day's guaranteed pay for the week beginning on Monday, May
22, and ending on Sunday, May 28, 1989.
The fourth paragraph of Section I of the Guaranteed Extra Board
Agreement effective December 3, 1985 reads:
"Extra board employees' work week shall be Monday
through Sunday and rest days need not be consecutive.
They shall be guaranteed ten (10) days per half,
except that such guarantee shall be reduced by one
(1) day's pay for any day on which an employee does
not work by reason of his failure to respond to call
or is unavailable."
Form 1 Award No. 29168
Page 2 Docket No. CL-29325
92-3-90-3-236
Subsequently, the parties substituted "forty hours per week" for "ten days per
half."
During the week in question, Claimant worked on Mondc , Friday,
Saturday and Sunday. On the three days Claimant di. not perfc m service, he
was available, but not =a11ed. The Carrier declined to pay Claimant's compensation to bring Claimant
Claimant did not displace a junior extra board employee, who was working
Position 160, on Thursdav, ;lay 25, 1989. The Carrier asserts that Claimant
had a mandatory obligation to exercise his displacement rights per Schedule
Rule 15(1) which provides:
"An extra employee released from prior service who
has not completed five (5) shifts within the work
week beginning with Monday may, upon twelve (12)
hours' advance notice to the proper officer, exercise
seniority
t;
any temporary vacancy held by a junior
extra boarc =mployee, provided he has proper rest."
The specific language in the fourth oaragraph of Section I of the
Guaranteed Extra Board Agreement effective Dt ember 3, 1985 controls over the
more general, permissi.·e displacement terminology in Schedule Rule 15(1). The
former Rule specifically speaks to reducing the forty hour guarantee. Claimant completely complied v
inasmuch as he was not called. There is not any provision in the Guaranteed
Extra Board Agreement manifesting the parties' intent that Guaranteed Extra
Board employees are compeLLed to exercise the permissive displacement privilege afforded by Rule 15(
Section II(d) of the Guaranteed Extra Board Agreement strongly suggests that
the drafters of the Agre-ment did not intend for Rule 15(1) to be applied to
the factual situation in :his case. Section II(d) of the Guaranteed Extra
Board Agreement states:
"An extra board employee called to fill a vacancy
will remain thereon for the duration of such vacancy
unless displaced in accordance with agreement rules
except he snail be released after completing five
shifts in hi; workweek beginning with Monday and will
be returned _o and marked up on the extra board for
the following Monday."
While the record is unclear concerning whether the junior Guaranteed Extra
Board employee was fil`ig a vacancy which continued to endure, their inclusion of this paragraph :i
parties' intent that a senior Guaranteed Extra Board employee need not displace a junior Guarante=i
maintain his extra boars guarantee.
Form 1 Award No. 29168
Page 3 Docket No. CL-29325
92-3-90-3-236
Furthermore, there is some doubt that Claimant could have fulfilled
the advance notice requirement in Rule 15(1) since he apparently did not know
if the Carrier was going to call him on Thursday or the ensuing days in the
Monday through Sunday workweek.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. De Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.