Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
.-sward No. 31902
Docket No. CL-31980
97-3-94-3-364
The Third Division consisted of the regular members and in addition Referee
Herbert L. Mar:. Jr. when award was rendered.
(Transportation Communications international Union
PARTIES TO [SPLTF:(
(National Railroad Passenger Corporation (AMTRAK)
STATENIE\T OF CLAIM:
"Claim of the System Committee of the TCU (NEC-1139) (GL-11058) that:
(a) The Carrier violated the Rules Agreement effective September 1,
1976, as amended and revised, particularly Rule 1-B-1 and 2-A-5 when on
April 13, 1992, Claimant E. Dixon was refused an exercise of seniority to an
Usher Position.
(b) qtr. Dixon is senior and should have been given time to qualify as
prescribed by our Rules Agreement and past practice on Usher positions.
(c) Claimant Dixon now be allowed 8 hours per day 5 days per week and
any overtime worked by junior Ushers beginning April 13, 1992, and to
continue each and every day until Mr. Dixon is placed on Usher position.
(d) Claim filed in accordance with Rule 7-B-1 and should be allowed."
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. 31902
Page 2 Docket No. CL-31980
97-3-94-3-364
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute waived right of appearance at hearing thereon.
On March 12, 1992, the Claimant was disqualified from the position of
UsherIGateman, a position he had held since February 10, 1992. The circumstances of
this disqualification are reviewed in Third Division Award 31901.
On April 13, 1992, the Claimant again sought to displace on an Usher/Gateman
position. The Carrier refused to permit him to do so. The Organization (which had
disputed the previous disqualification) argued that the Claimant was entitled to the
UsherIGateman position on April 13, 1992 either (a) because he was already qualified for
the position (but denial Award 31901 disposes of this argument); or because he was
entitled to such opportunity under Rule 1-B-1(a), which puts employees "in line" for
promotion, and Rule 2-A-5(a), which offers employees 30 days in which to qualify.
The Carrier reasonably states that there is nothing to believe the Claimant has
achieved greater capacity to qualify within the single month since his previous
disqualification. The Board concurs that the placement of the Claimant onto the
UsherIGateman position would have been an exercise is futility.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 4th day of March 1997.