Form 1 NATIONAL RAILROADADJUSTIIENT BOARD
THIRD DIN-ISION
Award No. 3189-1
Docket No. CL-31908
96-3-94-3-279

The Third Division consisted of the regular members and in addition Referee Herbert L. **larx, Jr. when award was rendered.

(Transportation Communications International Union PARTIES TO DISP 'T F


STATEMENT OF CLAIM:





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.


Form 1 Award No. 31894
Page 2 Docket Yo. CL-31908
96-3-94-3-279

Article II, Part .a. Section 2. Second Lump Sum Cost-of-Living Payment reads in pertinent part as follows:



The Claimant herein, an Extra Clerk, is acknowledged to have worked and been paid for 1,000 or more straight-time hours during the applicable period. The Carrier, however, paid him a pro rata share (S836.40) because the Claimant was assigned a portion of his time to a so-called "T" position (Excepted or Partially Excepted Position). Holders of "T" positions are compensated in a different manner and eligible for benefits varying from those available to Clerics; they are not eligible for the lump sum payment. The Carrier reasoned that the Claimant should not be entitled to the higher pay he received in a temporary "T" assignment as well as the Lump Sum Allowance applicable to other employees.


The Claimant was not regularly assigned by bid or otherwise to a "T" position. His classification throughout the period was that of Extra Clerk. Article II, Part A unqualifiedly states that employees with the required hours of work and pay "will receive a lump sum payment." N othing is mentioned as to the type of work assigned (as long, of course, as the employee retains a permanent classification in the covered unit, which is the case here). He received a higher rate of pay for his temporary assignments, obviously because of the higher responsibility. There is no basis for this to deny him the lump sum payment based on his total hours worked.




    Claim sustained.

Form 1 .ward No. 31894
Page 3 Docket No. CL-31908
96-3-94-3-179

                        QBILi<8


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the .ward is transmitted to the parties.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                        Dated at Chicago, Illinois, this 4th day of March 1997.