NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29621
Docket No. CL-29709
93-3-91-3-76
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher 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-10542)
that:
(a) The Carrier violated the intent and provisions of
the current Clerks' Agreement at Kansas City,
Kansas, on September 2 and September 5, 1989, when
it failed and/or refused to properly compensate
Zoned Extra Board employee, D. L. Robinson, for
guarantee of five 8-hour shifts, and
(b) Claimant D. L. Robinson shall now be compensated
eight (8) hours' pay at the rate of Zoned Extra
Board Position No. 6412 for both days, September 2
and 5, 1989, in addition to any other compensation
he may have received for these days."
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 employe 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. 29621
Page 2 Docket No. CL-29709
93-3-91-3-76
The parties Zoned Extra Board Agreement provides:
"Occupants of Extra Board Positions will be
guaranteed no less than five 8-hour shifts or equivalent
pay within a workweek of seven consecutive days beginning
with Monday except the guarantee may be reduced by eight
hours for each day the employee does not work or train
due to the employee's failure to respond when work or
training is available."
In the week commencing Monday, August 28, 1989, Claimant was
paid one 8 hour vacation day, trained on two other 8 hour days for
which he was paid, worked one assignment at straight time and
another at time and one-half. The following week, September 4,
1989, he worked four positions at straight time and one at time and
one-half. The organization maintains that because he received
compensation for only four straight time days in each of these
weeks he is entitled to an additional 8 hours equivalent pay under
the Extra Board Agreement.
The Board does not agree. The Zoned Extra Board Agreement
only guarantees "five 8-hour shifts or equivalent pay within a
workweek of seven consecutive days." In each of the workweeks
involved in this claim, Claimant was paid the equivalent of five 8hour shifts. That is all that he w
the terms of the Extra Board Agreement.
The Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J./15Oer - Executive Secretary
Dated at Chicago, Illinois, this 8th day of April 1993.