Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
.ward No. 31900
Docket Yo. CL-3195.(
97-3-94-3-267
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPLTE:(
(National Railroad Passenger Corporation (AMTRAK)
STATENIE\T OF CLAIM:
"Claim of the System Committee of the TCU (NEC-1068) (GL-11035) that:
The following claim is presented to the Carrier in behalf of B. E:um, 2nd
shift (3:00 p.m. to 11:00) with rest days of Sunday and Monday Crew
Dispatcher and a rate of pay 5103.58 per day.
The Carrier did violate the Northeast Corridor Clerical Agreement
between Amtrak and TCU effective September 1, 1976 and as revised and
amended particularly the Scope Rule along with Rule 2-A-1-a as well as
others.
Starting on Sunday September 1, 1991 (date of Superintendent's Bulletin
-22, W-25 and S-21) from CSX Transportation Office of Division
Manager Florence Division, the Amtrak and CSX crews are to use a
computer, placed in the Washington Crew Dispatcher's Office, to secure all
their train bulletins, train orders and any special instructions along with
reporting their pay information over this said computer.
Claimant now to receive eight hours pay at the time and one-half rate of
pay, starting with September 1, 1991 (effective date of Superintendent's
Bulletin) for Saturday, Sunday and Monday 7:00 AM to 3:00 PM shift and
eight hours pay at the time and one-half rate of pay for every Sunday and
Monday (3:00 PM to 11:00 PM) shift and to continue until such time as this
computer is removed from the Washington Crew Dispatcher's Office and
the Crew Dispatcher is given back this work which is his per 2dvertisemeut-
Form 1 Award No. 31900
Page 2 Docket No. CL-31954
97-3-94-3-267
As of October 29, 1991 claim is worth 56525.54 and continuing at the rate
of S155.37 per day until violation is stopped.
This claim is presented to the Carrier in accordance with Rule 7-B-1."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and an the
evidence, finds that:
'1 'he 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 Findings.
ORDER
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 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.