Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32137
Docket No. CL-32969
97-3-96-3-350
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast
( Line Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11227) that:
1. Carrier violated the Agreement on March 18 and 19, 1995, when it
failed to call Claimant R. H. Lampe, ID 522615, to protect
vacancies but instead called a junior employee.
2. Carrier shall compensate Claimant eight (8) hours' pay at the
applicable overtime rate for each of the two (2) violations."
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 32137
Page 2 Docket No. CL-32969
97-3-96-3-350
On March 18 and 19, 1995, the Carrier called employees junior to Claimant to
protect vacancies on position 4EAT-100 in the Atlanta Service Team at the Carrier's
Customer Service Center. The Carrier states that Claimant was "not called for
overtime ... because you were removed from the qualification list by Manager Holt on
the Atlanta Service Team ... on 2-15-95 because when you worked this position on 2-1295 you were not
position."
Rule 18 states:
"RULE 18 - USE OF UNASSIGNED OR EXTRA BOARD EMPLOYEES
(c) When filling short vacancies occasioned by failure of the
regularly assigned (not relief) employee to report for duty, the following
procedure will be observed, in the order shown:
1. By the use
of
unassigned employees who have not completed
forty (40) hours' work in that week_ as provided for in paragraphs (a) and
(b)
of
this rule.
2. By the senior qualified regularly assigned employee, in the
immediate office, as established by agreement between the Division
Chairman and appropriate Carrier officer, who has filed a written request
at least five (5) days prior to the occurrence
of
the vacancy desired."
There is no gig in this record that Claimant was not qualified to perform the
duties in question. Because
of
Claimant's seniority, under Rule 18 the Carrier was
therefore obligated to call Claimant for the vacancy. The Carrier's failure to do so
violated that Rule.
The Carrier was clearly placed on notice by the Organization's May 15, 1995
appeal that it was seeking payment at the overtime rate on Claimant's behalf. By reason
of
the Carrier's violation
of
Rule 18, Claimant lost work opportunities which,
if
Claimant would have been allowed to work, would have resulted in compensation to
Claimant at the overtime rate. To make Claimant whole for the Carrier's Rule
violation, Claimant must therefore be compensated at that overtime rate.
Form 1 Award No. 32137
Page 3 Docket No. CL-32969
97-3-96-3-350
The Organization's position is therefore sustained (see Third Division Award
32001).
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 13th day of August 1997.