Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32084
Docket No. CL-31855
97-3-94-3-179
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 DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF . ,AIM:
"Claim
of
the System Committee
of
the Organization (GL-11028) that:
(a) The Carrier violated the Clerks' Rules Agreement efective July 21,
1972, as revised, particularly Rules 7, 8, 14, 16, 17 and other rules, as well
as Memorandum
of
Agreement No. 9, when on October 27, 1992, they
required Claimant Kweller to travel to New York, NY, away from his
headquarters point, Rensselaer, NY, during the hours
of
6:30 a.m. to 1:30
p.m. to take a typing test and then failed to compensate him the required
travel time and expenses for same.
(b) Claimant Kweller should now be allowed seven (7) hours punitive pay
based on the appropriate daily rate for the time spent traveling on October
27, 1992, on account
of
this violation.
(c) This claim has been presented in accordance with Rule 25 and should
be allowed."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and ail 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. 32084
Page 2 Docket No. CL-31855
97-3-94-3-179
This Division of the Adjustment Board bas jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Claimant is a Commissary Clerk, with headquarters at Rensselaer. Typing
skill is not a requirement for this position, and his qualifications were not in question.
For other clerical positions, typing skit/ is, of course, a basic requirement.
The Claimant went to New York City, a distance of 150 miles, to take a Carrier
typing test, presumably to qualify himself for some future position. The Organization
seeks seven hours' pay at the punitive rate for the Claimant's travel time.
The key issue is whether the Claimant was directed to take the test by the Carrier
(under which pay
may
have been appropriate) or whether the Claimant decided on his
own to take the test. While the Organization contends the former situation is applicable,
no evidence to this effect is provided. The Carrier denies directing the Claimant to take
the test.
Cases cited by the Organization are readily distinguishable from these
circumstances. While it is admirable for the Claimant to prepare himself for other
positions and assignments, there is no Rule citation which would cover the requested
payment.
p
Claim denied.
Form 1 Award No. 32084
Page 3 Docket No. CL-31855
97-3-94-3-179
QBDE.B
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 9th day of July 1997.