NATIONAL RAILROAD ADJUSTTINNT BOARD
THIRD DIVISION
Form 1 Award No. 30476
Docket No. CL-30918
94-3-92-3-754
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
PARTIES TO DISPUTE: (Transportation Communications
( International Union
(
(National Railroad Passenger Corporation
(AMTRAK)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Union (GL-10872)
that:
Amtrak File No. NEC-TCU-SD-990
(1) Clerk forklift #A44842 should be taken out of
' service and properly repaired or replaced.
(2) Clerk forklift #A44843 should be taken out of
service and properly repaired or replaced.
(3) Taylor-Dunn electric jitney #40501 should be
taken out of service and properly repaired or
replaced.
(4) Electric charger for Taylor-Dunn jitney should
be stored in a heated, vented, lighted, and
secure building and not left outside with no
covered to the weather and/or unauthorized
people.
(5) Storage of said equipment (forklifts and
jitneys) should be in heated, vented, lighted
and secure building and not left outside or in
the unheated, unprotected postal area under
lease by Amtrak.
(6) Blue four-wheeled trucks now in use, need
solid hook up arms with securing device for
the upright position and solid tires to ease
the turning and sideward movement of said
trucks.
Form 1 Award
No. 30476
Page 2 Docket
No.
CL-30918
94-3-92-3-754
(7) Hooks to pull U.S. Mail containers need to be
replaced and periodically repaired and/or
replaced as needed.
(8) Where tar and cement meet on the trucking lane
near Dumpsters on track #11, should be
permanently repaired or rebuilt.
(9) Baggage cars in the series #S of 1400 and 1500
need to have doors greased, and be cleaned and
maintained on a regular basis. We need work
and repair records inside each car to be
available for inspection as to dates, time,
and places of repairs and maintenance. This
includes all cars in these series.
(10) Baggage cars in the series #S 1000, 1100,
1200, and 1300 need to be repaired i.e., doors
put back on runners and secured, door locks
inside and out be repaired and replaced, holes
and loose boards in floors repaired, metal
strips that need to be reported and replaced,
Grab bars for all doors inside and out to
safely open and close doors should be
installed. Each car should have repair
records in the car to be available for
inspection as to dates, times and places of
repairs and maintenance. This includes all
cars in these series.
(11) When baggage cars are in service yard, they
should be swept and cleared of any debris,
snow and grease on floors should be cleaned
up. All company material not pertaining to
baggage and mail is to be removed before
leaving yard.
Therefore, claim is made on behalf of:
PLY JOB SYMBOL REST DAYS RATE OF PAY
Mark Gorham BG-803 Sat. & Sun. $95.93
John Sweeney BC-811 Sat. & Sun $95.45
John Shea BG-806 Fri. & Sat. $90.98
Robert Conti BG-807 Sun. & Mon. $90.98
Thomas Shay BG-818 Fri. & Sat. $89.97
Thomas Lee BG-821 Thr. & Fri. $89.97
Richard Foley BG-822 Sat. & Sun. $89.97
John Laselva BG-824 Tue. & Wed. $91.44 (T&F)
$89.97 (S)
$90.98 (S&M)
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Serial No. 360
INTERPRETATION NO. 2 TO AWARD NO. 30476
DOCKET NO. CL-30918
(Transportation Communications International
( Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
( (AMTRAK)
This matter has been returned to the Board, on the request of
the organization, for another Interpretation. The Board has
reviewed the. written arguments and heard oral presentations of the
parties. We note that the Award that was rendered by this Board on
September 13, 1994 sustained the claim which was progressed to the
Board solely on the time limit issue.
As noted in the September 1, 1995 Interpretation No. 1 to this
Award, we noted that the claim was sustained for the period of
December 26, 1989 at eight hours per day for each Claimant at the
punitive rate through June 12, 1990, the date of carrier's second
level denial.
In the September 13, 1994 Award in this case, we noted that,
once the organization presented the dispute in the form of a claim
and cited a provision of the Agreement dealing with safety:
"In our view, it was incumbent upon the
Carrier to reply to the claims setting forth
its various defenses, rather than ignoring the
claim and presenting those defenses at a later
time. The carrier violated its time limit
obligation when it failed to reply to the
claim."
When it became necessary to consider a request for
Interpretation No. 1, we limited the sustaining Award to the period
of time up to the Carrier's second level denial. But, at no time
did the Carrier attempt to argue the position now presented for
interpretation.
Whether or not an Award such as the one issued in this dispute
is or is not punitive, and whether or not such Award should or
should not be made, are matters which should have been raised and
argued prior to the first Interpretation.
Page 2 Serial No. 360
Interpretation No. 2
to Award No. 30476
Docket No. CL-30918
On September 13, 1994, we sustained the claim for eight hours
at the punitive rate. No reference was made to a set-off.
In Interpretation No. 1, we limited the chronological time
span of the sustained claim and, again, no question of set-off was
mentioned.
The Carrier chose not to respond to the initial claim in a
timely manner which has resulted in sustaining of the claim as
presented. It is too late for the Carrier to argue, at this point,
that there should be set-offs. The organization's contention is
accepted as being accurate and controlling in this dispute.
Referee Joseph A. Sickles who sat with the Division as a
member when Award 30476 was adopted, also participated with the
Division in making this Interpretation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 20th day of June 1996.
Form 1 Award No. 30476
Page 3 Docket No. CL-30918
94-3-92-3-754
EMPLOYE
JOB
SYMBOL REST DAYS RATE OF PAY
Joseph O'Connell BG-825 Thr. & Fri. $90.98
(S-T)
$89.97
(W)
Robert Pugsley BG-829 Sun. & Mon. $91.44
William Dorman BG-828 Wed. & Thr. $90.98 (F&S)
$91.44 (S&M)
$89.97
(T)
William Kent BG-830 Tue. & Wed. $89.97
Gerard.Etro BG-831 Mon. & Tue. $89.97
Steve Kostopoulos BG-832 Wed. & Thr. $89.97
James Ahern BG-833 Sat. & Sun. $90.98
Gaspar Terranova BG-834 Mon. & Tue. $90.98
for 8 hours pay at the punitive rate commencing 60 days
prior to this claim dated 2/24/90 and continuing for each
and every work day thereafter, as a penalty, until these
violations are fully corrected."
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 instant dispute is presented to the Board solely on the
basis of an asserted violation of the time limits.
An initial claim was filed on February 24, 1990 listing 11
distinct safety matters at South Station, Boston.
There was not a timely reply to the claim and the Carrier has
taken the position that the issues addressed by the Organization
are not in the proper forum, since the matters raised were safety
issues.
The February 24, 1990 claim set forth various items concerning
hazardous conditions and cited Rules 8-C-1 and 8-F-1.
Form 1 Award
No. 30476
Page 4 Docket
No.
CL-30918
94-3-92-3-754
Rule 8-C-1 states that the health and safety of employees
shall be protected and sets forth certain requirements.
We make no determination as to whether or not the merits of
the "claim" were properly established, but the Organization
presented the dispute in the form of a claim and cited a provision
of the Agreement dealing with safety. In our view, it was
incumbent upon the Carrier to reply to the claim setting forth its
various defenses, rather than ignoring the claim and presenting
those defenses at a later time. The Carrier violated its time
limit obligations when it failed to reply to the claim.
A W A R D
Claim sustained.
ORDER
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 13th day of September, 1994