Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32032
Docket No. CL-32728
97-3-96-3-31
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 CLAIM:
"Claim of the System Committee of the Organization (GL-11197) that:
(a) The Carrier violated the Rules Agreement dated July 27, 1976, as
amended and revised, and particularly Rule 1, The Scope Rule, Rule 3-C2, and others, when the Claima
W Building in the Wilmington Shops was abolished on October 4, 1993.
(b) Claimant's duties were cleaning lavatories, offices of C&S, lunch
room, ET, track, and buffing and waxing of hallways and office floors.
Since the job has been abolished all of the above duties still exist in the M
of W Building. The Carrier has assigned William T. Edward to perform
the duties of buffing and waxing the hallways and offices, and other C&S,
ET, and Tract (sic) Dept. employes to perform the rest of the duties that
remain.
(c) Rule 3-C-2 states, in part, that `when a position covered by this
Agreement is abolished, the work previously assigned to such position
which remains to be performed, will be assigned in accordance with the
following:'
(a) To another position or other positions covered by this
Agreement when such position or other positions remain in
existence, at the location where the work of the abolished
position is to be performed.'
Form I Award No. 32032
Page 2 Docket No. CL-32728
97-3-96-3-31
(d) Claimant Murter's position is located in the Shops, as ruled on by R
O. Denzel (case PHIL-TCU-134/0593 - Long), where three (3) cleaning
positions exist. Under Rule 3-C-2 the work that shall exist in the M of W
Building should now be assigned to one of those positions or the position be
reinstated. but the work should not be given to C&S. ET, or the Track
(e) Claimant should now be allowed eight (8) hours at time and one-half
started on October 4. 1993 and continuing until either the job is reinstated
or the duties be assigned to an existing cleaning position located at the
Wilmington Shops.
(f) 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, 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.
At the time this dispute arose, the Claimant was employed as a Cleaner in the
Maintenance
of
Way Building at Carrier's Wilmington, Delaware, Mechanical Facility.
On October 4, 1993, Claimant's Cleaner position as weU as other Cleaner positions.
Subsequently, a Communications and Signal (C&S) Maintainer was instructed to do
housecleaning in the C&S wing
of
the M
of W
Building. Cleaning
of
the M
of W
areas
was performed by
M of W
employees. This continued until approximately May 1994,
when Carrier contracted out the cleaning
of
the entire building.
Form I Award No. 32031
Page 3 Docket No. CL-32728
97-3-96-3-31
The facts in this case are nearly identical to the facts comprising Third Division
.awards 32028 and 32029. For reasons set forth at great length in Third Division Award
32028. the instant claim is denied.
AWARD
Claim denied.
QBDEB
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.