NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
An initial claim was filed on April 4, 1992, for the difference between the pro rata rate of a Class III Yard Clerk rate of pay and the pro rata rate of the Transportation Assistant (TA) Position, a difference of $ 2.64 per hour. The claim requested a total of $154.11 for work performed by the Claimant on March 23, 24, 25, 26, 27 and 28, 1992.
The Claimant is an unassigned extra employe at Dubuque, Iowa, who was called for work on six days in March 1992.
The organization contends that the only assigned position at Dubuque at the time was the Transportation Assistant position. The organization contends that the Claimant was called because the TA was on leave from March 23 through March 28, 1992. The Claimant was required to perform all of the duties normally performed by the Transportation Assistant. Thus, the Organization argues, the Carrier violated Rules 4 and 21 when it compensated the Claimant at a lower rate than that of a Transportation Assistant.
The Carrier has not denied the assertion that the regularly assigned Transportation Assistant was on leave on the days in, question. The Carrier does argue, however, that on the days in question. the Claimant performed only the duties of an extra clerical position (Pay Class III) and was not entitled to the pay of the TA position. In this regard, the Carrier notes that a TA position is classified as a Pay Class V position, which covers those jobs which are performed "in an environment on, in, or about railway equipment." Moreover, the TA position is exempt from Rules 6, 7, 8, 9, 11, 16, 18, and 25, unlike the Pay Class III extra position.
This Board has held that, absent a contractual exception, an employe who is used in relief work is entitled to receive compensation of the position to which assigned. Despite the Carrier's argument to the contrary, neither Rule 4 nor Rule 21 is vague. On March 23 through March 28, 1992, the Claimant was called to perform the service of the TA in that employee's absence and the Rules require that the rate of pay shall be the rate of the position on which the service is performed (Rule 21 (c)).
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.