Form l NATION kI. IZM.ROAD ADJCSTME\T BOARD
I1111(D DIVISION
Award No. 31875
Docket No. CL-32013
97-3-94-3-376
The Third Division consisted
of
the regular members and in addition Referee
John C. Fletcher %%hen a%%ard %%as rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (A.NITRAK)
STATEMENT OF CLAIM:
"Claim
of
the S% stern Committee
of
the Organization (GL-11068) that:
(a) The Carrier violated the Rules Agreement efective September 1,
1976, as amended and revised. particularly Rules 3-C-2, 4-A-1, 4-C-1,
Appendix E and others %%hen it suspended the duties of Claimant W.
Brunson and has her act as a lost and found agent for LaSalle.
(b) Claimant W. Brunson now be allowed three (3) hours overtime each
of the
follohing
dates: July 17, 20, 21, 28, 29, 30, 31, 1992 and August 10,
12, 17, 18, 19, 20, 24, 25, 27, 28, 31, 1992 and September 1, 2, 3, 4, 7, 8, 9,
10, 11, 1.1, 1992 and to continue until this work is put on a position and a
proper rate is negotiated in accordance with the applicable rules.
(c) Claim riled in accordance with Rule 7-B-1, and to continue until
situation is 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.
Form 1 Award No. 31875
Page 2 Docket No. CL-32013
97-3-94-3-376
This Di,*i!,ion of the adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute Here given due notice of bearing thereon.
Claimant was assigned as a Baggage Mail Clerk at Carrier's Washington, D. C.
station. Her principle duties were lost and found. On the claim dates she was detached
from her regular work location to perform lost and found work in the area of the LaSalle
Partners' group, the managing agency for the Union Station. The Carrier says that this
was done as an experiment to place all of Amtrak's Union Station lost and found activity
in a single operation. The Organization filed the instant claim contending that the
Claimant was suspended from her regular duties to absorb overtime in violation of Rule
4-C-1, reading:
"Employees will not be required to suspend work during regular hours to
absorb overtime."
It is the Board's view that Rule 4-C-1 does not apply in this matter. Over the
years the Board has held that rules similar or identical in teat to Rule 4-C-1 could be
violated in three types of situations:
1. An employee works overtime and later is suspended during regular
scheduled work hours to absorb the overtime hours previously
worked.
2. .4n employee is suspended during his regular scheduled work hours
in anticipation that he will be needed to work overtime later.
3. An employee is suspended during his regular work hours to work
duties that another employee would be entitled to work on overtime.
None of these three situations occurred In this case. The Rule relied upon by the
Organization in support of its claim is not applicable here. The claim must be denied
for failure to cite a Rule that supports the contentions of the Organization.
Form 1 Award No. 31875
Page 3 Docket No. CL-32013
97-3-94-3-376
11'A
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 4th day
of
March 1997.