NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD
DIVISION
Award
No.
29693
Docket No. CL-29714
93-3-91-3-65
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
PARTIES TO DISPUTE: (Transportation Communications International
(Union
(CSX Transportation, Inc. (former Seaboard
(Coastline Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood
(GL-10538) that:
1. Carrier violated the Agreement when it
failed and refused to allow Claimant (Senior
Available Clerk, preferably unassigned)
compensation at the rate of $104.70 for
first, second, and third-shift from October
12, 1988 and continuing until violation is
corrected.
2. Carrier shall compensate Claimant $104.70
for each of these dates."
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.
The issues and Rules involved in this docket are similar in
substance to those involved in Third Division Award 29612. In that
Award, the Board exhaustively reviewed the application of the
parties' Agreement, as amended, to situations where certain functions of work were shared with emplo
extended period of time, the situation here. Award 29612 denied
the organization's claim. We do not find that decision to be in
palpable error. It will be followed here.
Form 1 Award No. 29693
Page 2 Docket No. CL-29714
93-3-91-3-65
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
ancy J. r,' Secretary To The Board
Dated at Chicago, Illinois, this 16th day of July 1993.