Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32029
Docket No. CL-32655
97-3-95-3-589
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)
ST.ATE:NIENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-11189) that:
The following claim is hereby presented to the Company in behalf
of
Claimant. S. Alex, TCU Clerk:
(a) The Carrier violated the Amtrak - Northeast Corridor
Clerks' Rules Agreement particularly the Scope Rule, Rule
3-C-2, paragraph A, Section 1 and 2, and others, when the
carrier abolished Claimant Alex's position
of
janitor in the M
of W Building, Symbol WIJ102, rate
of
pay = $11.45/hr.
effective 1/15/93 and then assigned duties
of
that position
effective 2/10/93 to the following individuals: Ron Radke,
C&S Dept.; Terry Tiller, E. T. Dept.; Tom Mason, Track
Dept.; Teddy Gilchrist, Track Dept.; John Connell, C&S
Dept.; George Mease, C&S Dept.; Al Hart, E. T. Dept.; and
Ray Verrelle, E. T. Dept., on a continual basis. Duties
include cleaning all offices located at the M
of W
base (which
includes adequate maintenance
of
lavatories and locker
rooms) and B&B Department. Person in the position must
also be qualified to operate mechanical cleaning equipment.
Form 1 Award No. 32029
Page 2 Docket No. CL-32655
97-3-95-3-589
(b) Claimant Alex should now be allowed eight (8) hours pay
at the pro-rate of $11.45/hour per day commencing January
15, 1993 and continuing each and every work day thereafter
until this violation is corrected.
(c) In order to terminate this claim, said clerical work must
be returned to the emploves covered by the Clerks'
agreement.
(d) This claim has been presented 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, rinds 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.
This case is a companion case to Third Division Award 32028. For reasons set
forth at length by the Board in that Award, this claim is also denied.
AWARD
Claim denied.
Form 1 Award No. 32029
Page 3 Docket No. CL-32655
97-3-95-3-589
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 6th day
of
May 1997.