Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31588
Docket No. CL-32490
96-3-95-3-361
The Third Division consisted of the regular members and in addition Referee
James E. Conway when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11156) that:
I. The following claim is hereby presented to the Company in behalf
of Claimant A. Nesel.
(a) The Carrier violated the Clerks' Rules Agreement effective July 21,
1972, as revised, particularly Rules 1 (Scope), 7, 14 and other rules,
when on October 31, 1993, it allowed and permitted non-agreement
employee Robert Ragland to perform clerical duties of "working the
OTP sheet" instead of calling and working Claimant Nesel.
(b) Claimant Nesel should now be allowed eight (8) hours punitive pay `
based on the appropriate hourly rate for October 31, 1993 on
account of this violation.
(c) Claimant was qualified, available and should have been called and
worked in accordance with Rules 7 and 14.
(d) This claim has been presented in accordance with Rule 25 and
should be allowed.
IL The following claim is hereby presented to the Company in behalf
of Claimant A. NeseL
(a) The Carrier violated the Clerks' Rules Agreement effective July 21,
1972, as revised, particularly Rules 1 (Scope), 7,14 and other rules,
when on October 30,1993, it allowed and permitted non-agreement
employee Walt Forsythe to perform clerical duties of "working the
OTP sheet" Instead of calling and working Claimant Nesel.
Form 1 Award No. 31588
Page 2 Docket No. CL-32490
96-3-95-3-362
(b) Claimant Nesel should now be allowed eight (8) hours punitive pay
based on the appropriate hourly rate for October 30, 1993 on
account of this violation.
(c) Claimant was qualified, available and should have been called and
worked in accordance with Rules 7 and 14.
(d) This claim has been presented in accordance with Rule 25 and
should be allowed.
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.
r
Parties to said dispute waived right of appearance at hearing thereon.
This case involves the same parties, the same work, the same location and the
same issues as were the subject of our Awards 31582 and 31587. In those dockets,
claims were asserted that the performance of work on OTP sheets by a Senior Clerk and
a junior Clerk Typist, respectively, constituted violations of the rules cited above. Here
the claim is that two non-agreement employees violated the same rules in the same
manner on the last two days of October 1993 when they worked on OTP sheets. (The
claim that focuses on the work accomplished by Mr. Ragland on October 30 overlaps the
claim addressed by Award 31582, in which a senior Clerk assigned to a secretarial
position is alleged to have worked seven hours of overtime on OTP sheets on that same
date.)
As this Board held in the above two Awards, and for the same reasons a:pressed
therein at somewhat greater length, we find here that the Organization has failed to
present sufficient evidence either that the Scope Rule clearly assigns the work in
Form 1 Award No. 31588
Page 3 Docket No. CL-32490
96-3-95-3-362
question to the Claimant's position, or that the parties have so construed and
administered that rule by historically limiting the performance
of
that work to
employees incumbent in the Claimant's position, to the exclusion
of
others.
The Board finds that this claim must be denied.
AWARD
Claim denied.
ORDER
The 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 29th day of August 1996.