NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Form 1 Award No. 30477
Docket No. CL-30928
94-3-92-3-753
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 (GS-10871)
that:
Amtrak File No. TCU-SD-1030
(a) The Carrier did violate the Northeast Corridor .
Clerical Agreement between Amtrak and TCU
effective July 27, 1976 and as revised and
amended particularly Appendix E Articles five
and six as well as others.
(b) On Saturday, November 11, 1989, K. Lewis
worked from 12:00 a.m. to 8:00 a.m. for a
total of eight hours overtime.
(c) Mr. Carter was at home on his rest day, was
available and did not receive a phone call to
come to work even though he is senior to Lewis
on the seniority roster, and had the prior
right to this overtime.
(d) Claimant now to receive $136.12, which is the
amount to make him whole, for the loss he
suffered because of the Carrier's violation of
the Agreement.
(e) This claim is presented to the Carrier in
accordance with Rule 7-B-1.
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
Form 1 Award No. 30477
Page 2 Docket No. CL-30928
94-3-92-3-753
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.
On the claimed date, the Claimant was on his rest day and was
not called to work overtime, even though he is senior to the
individual who was called.
The Carrier has defended on the ground that it was necessary
to fill the overtime position with a qualified lead commissary
worker and lead commissary workers are appointed at the discretion
of Management. Since the Claimant had not been appointed to the
lead category, he was not called to perform the overtime.
The employees submitted evidence of six instances when the
Claimant did work overtime as a Lead Clerk, however, all of those
covered dates were subsequent to the claim date.
Although the Carrier raised the question of qualification on
the property, other than the six instances referred to above, all
of which were subsequent to the claim date, the Organization did
not dispute the question of qualification while the matter was
under consideration on the property.
A W A R D
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois this 13th day of September, 1994