Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30405
Docket No. CL-30660
94-3-92-3-445
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:
(CSX Transportation, Inc. (former
( Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the organization
(GL-10821) that:
CLAIM NO. 1
1. The Carrier violated the terms of the General
Agreement and Memoranda thereto when on March
2, 9, 16, 23 and 30, 1990, it failed and
refused to utilize the services of Clerk K. C.
Brabender on the position of Section
Storekeeper, A-155, and,
2. The Carrier shall now arrange to allow Clerk
Brabender, ID 610915, eight (8) hours pay at
the punitive rate of $109.06 per day for the
above dates.
CLAIM NO. 2
1. The Carrier violated the terms of the General
Agreement and Memoranda thereto when it forced
Clerk K. C. Brabender to work on Sunday, March
4, 11, 18 and 25, 1990, at the pro rata rate;
and,
2. The Carrier shall now arrange to allow Clerk
K. C. Brabender, Id 610915, eight (8) hours
pay at the punitive rate of $109.60 per day
for the above dates.
Form 1 Award No. 30405
Page 2 Docket No. CL-30660
94-3-92-3-445
CLAIM NO. 3
1. The Carrier violated the terms of the General
Agreement and Memoranda thereto when on March
3, 4, 10, 11, 17, 18, 24, 25 and 31, 1990, it
failed and refused to utilize the services of
clerk D. F. Vollrath on the position of
Foreman, A-154: and,
2. The Carrier shall now arrange to allow Clerk
Vollrath, ID. 187658, eight (8) hours pay at
the punitive rate of $109.69 per day for the
above 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 employee or employees involved
in this dispute are respectively carrier and employee 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 Organization argues that the three claims in this Docket
are payable as presented, because Carrier did not issue a timely
denial at the initial step. The record is conclusive that the
Local Chairman did not receive a denial within 60 days of the date
the claims were filed, as required by Rule 27 1/2 of the Agreement.
Carrier's argument and evidence that a timely denial was made is
not persuasive. Under the explicit provisions of Rule 27 1/2, the
claims must be allowed as presented.
AWARD
Claims sustained.
Form 1 Award No. 30405
Page 3 Docket No. CL-30660
94-3-92-3-445
O R D B R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By order of Third Division
Dated at Chicago, Illinois, this 8th day of August 1994.