Form I NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION



The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

 (Transportation Communications International Union PARTIES TO DISPUTE:(
                (National Railroad Passenger Corporation (AMTRAK)


STATEMENT OF CLA1.N1:

    "Claim of the System Committee of the Organization (GL-11172) that:


    The following claim is hereby presented to the Company in behalf of Claimant K. Kilgallon:


    (a) The Carrier violated the Clerks' Rules Agreement effective July 21,

        1972, as revised, particularly Rule 11 and other rules, as well as

        Articles IV and VII of the September 6, 1991, Mediation

        Agreement, when they waived the entry rate for clerical employe

        Mark Goca while he occupied the position of Material Control

        Clerk, located at the Material Department, Amtrak Maintenance

        Facility, Rensselaer, NY and then refused to waive the entry rate

        for Claimant Ki(gallon, who is senior to employe Goca, when she

        displaced Goca from the involved Material Control Clerk position,

        effective March 25, 1994.


        (b) The Carrier should now waive Claimant Kilgallon's entry rate and compensate her at the full 100% rate (currently $13.53 per hour) for her Material Control Clerk assignment, eight (8) hours per day, as well as any overtime earned, commencing March 25, 1994 and continuing for each and every work day thereonafter minus the dates that the Carrier has already allowed the 100% rate to Claimant Kilgallon, on account of this violation.

Form I Award No. 31938
 Page 2 Docket No. CL-32622
                                              97-3-95-3-517


          (c) The Carrier should also comply with all of the conditions and requirements of Article \'If, including allowing the waiver of the entry rate to continue so long as Claimant Kilgallon remains on the position and that the General Chairman be notified of this waiver as well as the names of the employes that will be impacted.


          (d) This claim has been presented in accordance with Rule 25 and should be allo.sed."


FINDINGS :

The Thir!; nivision of the Adjustment Board, upon the whole record and all the evidence. finds a t:


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. 193.1.


This Division of the Adjustment Board has jurisdiction over the dispute involved herein.


      Parties to said dispute were given due notice of hearing thereon.


It is uncontroverted on the record that Carrier's local official erroneously waived 1Ir. Goca's entry rate. It is also uncontroverted that Carrier compensated Claimant at the contractually established 95 percent rate. In fact, she was in the seventh month of the 95 percent rate when she filed the instant claim. However, it is also unrefuted that once Claimant filed her claim and the Carrier recognized its error with respect to Mr. Goca, it proceeded to make arrangements for recoupment from him of its erroneous overpayment. Accordingly, there is no evidence that Mr. Goca was ultimately paid at a higher rate than Claimant. Thus, the instant claim must be denied.


                        AWARD


    Claim denied.

Form I Award No. 31938
 Page 3 Docket No. CL-32622
 97-3-95-3-517

                        ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                      NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


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