Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29171
THIRD DIVISION Docket No. CL-29328
92-3-90-3-246
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was tendered.
(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-10433) that:
1. Carrier violated the Clerical Agreement at Pensacola, Florida
during the week of February 27, 1989 through March 5, 1989, when it failed to
compensate Clerk E. L. Griffin a guarantee day; after Mr. Griffin had worked
only four (4) shifts during the previously mentioned week.
2. As a resul: of the above, the Carrier shall be required to compensate Clerk G. L. Griffin one
Extra Board, a total of 5104.70. A copy of the original claim is attached."
FINDINGS:
The Third Division o; 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 case, Claimant is the same Guaranteed Extra Board employee
whose claim we sustained in Third Division Award 29168.
During the workweek starting on Monday, February 27, and concluding
on Sunday, March 5, 1989, Claimant performed service on four days. He sought
one day of guaranteed compensation.
Form 1 Award No. 29171
Page 2 Docket No. CL-29328
92-3-90-3-246
On Monday, February 27, a junior Guaranteed Extra Board employee
scheduled to work Position No. 102 at Goulding Yard, Pensacola, Florida,
marked off due to illness. The Carrier called Claimant to work the position.
Claimant performed the service. The next day, the junior Extra Board employee
returned to the vacancy. Claimant was available for service, but the Carrier
did not call him. Claimant did not exercise his seniority to displace the
junior Extra Board employee per Rule 15(1).
The facts in
this
case are identical to the underlying facts in
Award 29168. We do not __°ind any evidence in the record before us which would
warrant an outcome different from the result we reached in Award 29168. For
the reasons more fully set forth in Award 29168, we sustain this claim.
A W A R D
Claim sustained.
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.