Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD
DIVISION
Award No. 31899
Docket No. CL-31953
97-3-94-3-268
The Third
Di%
ision consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:(
(National Railroad Passenger Corporation (A.MTRAK)
STATEMENT OF CLAIM:
"Claim of the System Committee of the TCU (NEC-1069) (GL-11036)
that:
The following claim is presented to the Carrier in behalf of
D. S. Liverette, Chief Crew Dispatcher, tour of duty 7:00
a.m. to 3:00 p.m. with relief days of Saturday and Sunday
and a rate of pay of 5108.54 per day.
The Carrier did violate the Northeast Corridor Clerical
Agreement effective September 1, 1976, and as revised and
amended particularly, the Scope Rule along with Rule Z :a-1a as well as others.
Starting on Sunday September 1, 1991, (date of
Superintendents Bulletin N-22, W-25 and S-21) from CS!C
Transportation Office of Division Manager Florence
Division, the Amtrak and CS!C crews are to use a computer,
placed in the Washington Crew Dispatcher Office, to secure
all their train bulletins, train orders and special instructions
along with reporting their pay information over this said
computer.
Claimant now to receive eight hours pay at the time and onehalf rate of pay, staring with September
date of Superintendents Bulletin) for every Tuesday thru
Saturday 3:00 p.m. to 11:00 p.m. shift and to continue until
Form I Award No. 31899
Page 2 Docket No. CL-31953
97-3-94-3-268
such time this computer is removed from the Washington
Crew Dispatcher's Office and the Crew Dispatcher is given
back this work which is his per advertisement.
As of October 29, 1991, claim is worth 56,370.17 and
continuing at the rate of $155.37 per day until violation is
stopped."
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.
Except as to the Claimant involved, this claim is identical to that reviewed in
Third Division Award 31898. The Board reaches the same conclusion as in that Award.
AWARD
Claim sustained in accordance with the Fmdings.
Form 1 Award No. 31899
Page 3 Docket No. CL-31953
97-3-94-3-268
ORDER
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 4th day of March 1997.