Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29169
THIRD DIVISION Docket 4o. CL-29326
92-3-90-3-244
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: "Claim of the System Committee of the Brotherhood
(GL-10431) that:
1. Carrier violated the Clerical Agreement on Friday, August 19,
1988, when it failed or refused to call me (Clerk L. J. Rhoton) to fill
Position No. 151 at the Intermodal Ramp.
2. Carrier shall compensate me for one days' pay at time and a half
for Position No. 151."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, :inds 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.
Claimant alleged that the Carrier improperly called a junior extra
board employee to fill Position 151 on the Intermodal Ramp at Gentilly Yard at
New Orleans, Louisiana, on August 19, 1988. Claimant contends that the Carrier should have called hi
effective July 16, 1984, gave him preferential rights, on a seniority basis,
to five shifts per week.
As of August 19, 1988, Claimant had already worked four shifts. The
day before, the Carrier called him from the extra board and assigned him to a
temporarily vacant Position No. 206. Thus, Claimant's rights were controlled
by the specific language in Section II(d) of the Guaranteed Extra Board Agreement as opposed to the
Form 1 Award No. 29169
Page 2 Docket No. CL-29326
92-3-90-3-244
"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 shall be released after completing five (5)
shifts in his workweek beginning with Monday and will
be returned to and marked up on the extra board for
the following Monday."
Pursuant to Section II(d), Claimant was assigned to the temporary vacancy,
which he worked later in the day on August 19, 1988, until he had completed
five shifts. Since Claimant was assigned to a temporary vacancy under Section
II(d), the Carrier could call a junior unassigned extra board clerk.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.