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
(Illinois Central Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11044) that:
(1) Carrier violated the effective agreement when it failed to
properly compensate Extra Clerk R. H. Bowles the lump sum payment
owed him pursuant to Article 11, Part A, Section 2, of the June 1, 1991
National .agreement.
(2) Carrier shall now compensate Extra Clerk R.H. Bowles the
difference between what he was paid, $836..10, and the full 51,025.00 which
was due him pursuant to said Agreement."
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.
Parties to said dispute were given due notice of hearing thereon.
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:
"Subject to Sections 6 and 7, employees with 1,000 or more straight
time hours paid for (not including any such hours reported to the ICC as
constructive allowances except vacations, holidays, paid sick leave and
guarantees in protective agreements or arrangements) during the period
April 1, 1992 through September 30 1993, will receive a lump sum
payment on January 1, 1992 equal to [S1,0251 . . .."
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.
AWARD
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.