Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32146
Docket No. CL-32830
97-3-96-3-149
The Third Division consisted of the regular members and in addition Referee
George Edward Larney 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-11206) that:
(a) The Carrier violated the Amtrak Northeast Corridor Clerks' Rules
Agreement particularly Rules 1, 3-C-2 and other rules when it abolished
Claimant Deletha P. Jenkins position, Extra Crew Assignment Clerk,
Symbol #2CACX-1, rate of pay $14.43 per hour, located at the Crew Base,
Washington, DC, effective June 27, 1994 and then assigned and allowed
the duties of that position to be performed by non-agreement supervisors,
Ms. Patricia Baylor and others on a continual basis.
(b) Claimant Deletha P. Jenkins now be allowed eight hours pay at the
pro-rata rate of $115.44 per day, commencing on June 28, 1994 and
continuing for each and every work day thereonafter until this violation is
corrected.
(c) In order to terminate this claim, said clerical work must be returned
to the employes 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, finds that:
Form 1 Award No. 32146
Page 2 Docket No. CL-32830
97-3-96-3-149
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.
Reference is made to Third Division Award 31581 involving this same Claimant,
making the identical allegation that Carrier violated the Scope Rule and Rule 3-C-2 by
permitting Supervisors to perform the duties of Claimant's Extra Crew Assignment
Clerk position, after abolishing the position on June 27, 1994. In the prior case, the
Board sustained Carrier's position that the work claimed is not reserved exclusively for
Crew Assignment Clerks or other TCU-represented employees. This duplicate claim
apparently was filed to remedy a deficiency identified by the Board in Award 31581,
which was a finding that Claimant had expanded the Statement of Claim to include
significant additional detail neither encompassed in the original claim nor discussed
during handling of the claim on the property. By reason of this procedural deficiency,
the Board ruled to dismiss the claim.
In this instant claim, we note the Organization has the burden of proof to identify
the disputed work allegedly performed by Supervisors and to establish, without doubt,
that Supervisors did, in fact, perform work accruing to members of the Organization.
Our review of the record evidence in its entirety persuades the Board that the
Organization failed to meet its burden of proof and therefore, we are impelled to deny
the subject claim.
Q
Claim denied.
Form 1 Award No. 32146
Page 3 Docket No. CL-32830
97-3-96-3-149
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 13th day
of
August 1997.