Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32172
Docket No. CL-32716
97-3-96-3-18
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:
(Illinois Central Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11195) that:
1. Carrier violated the agreement when on Saturday, October 22,
1994, an unassigned day, it failed to call Clerk R. H. Tindall for
work on Position No. 355-4, a position he fills during his regular
workweek of Sunday through Friday.
2. Carrier shall now compensate Claimant Tindall eight (8) hours' pay
at the time and one-half rate of the above position for October 22,
1994."
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.
Form 1 Award No. 32172
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At the time this dispute arose, Claimant was the regular incumbent of Position
3554, with assigned hours from 3:00 P.M. to 11:00 P.M. and an assigned workweek of
Sunday through Friday. On October 22, 1994, Carrier assigned an employee other than
Claimant to work an extra job from 3:00 P.M. to 11:00 P.M. to assist Position 215.
Claimant was off duty on his rest day and was available to work on that day. He has a
seniority date of April 16, 1954. The employee called has regular hours of 7:00 A.M. to
3:00 P.M. His seniority date is August 10, 1953. A claim was filed by Claimant on
December 12, 1994. In that claim the Organization alleged that Rule 33(e)- Overtime
of the Agreement was violated when Claimant was not offered the opportunity to
perform the work in question. Rule 33(e) reads as follows:
"(e) Work on unassigned days-
Where work is required by the company to be performed on
a day which is not a part of any assignment, it may be
performed by an available extra or unassigned employee who
will otherwise not have forty hours of work that week; in all
other cases by the regular employee."
In its denial of the claim, the Carrier asserted that a senior employee was called
to assist the incumbent of Position 215. It further stated that the position at issue was
an extra position and the senior employee was called in accordance with Rule 9(d)(4) of
the Agreement. Rule (d) reads as follows:
"Rule 9- Filling Short Vacancies
x*~
(d)In filling short vacancies as specified in paragraph (b)
above, the following procedure shall be used:
(1) By the senior qualified extra employee who is available
at the pro rata rate. An extra employee will not be used for
service at points other than his headquarters point, unless he
has made written request to be called in line with his
seniority for vacancies at other specified locations. An extra
employee is considered `available' for one full tour of duty on
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each calendar day provided the second tour of duty
commences not less than sixteen hours from the previous
starting time. An extra employee called for service between
sixteen and twenty hours from his last starting time has the
privilege of declining such service.
(2) By the senior qualified regular assigned employee in
the same office or facility who desires to fill the vacancy.
Such employee will not be permitted to begin work on the
vacancies on either of the rest days of his regular position.
If the vacancy is less than five working days, the employee
may return to his regular position at the expiration of the
vacancy. If the vacancy is of five or more days duration, the
employee must observe the rest days of the vacant position
during and at the end of the vacancy. The employee filling
the vacancy must remain thereon for the duration unless
displaced through the exercise of seniority or assigned to
another position by bulletin.
(3) If on a regular relief assignment, by the regular
incumbent on the same shift who fills the position five days a
week.
(4) The senior available qualified regularly assigned
employee off duty.
(5) The senior qualified extra employee available at time
and one-half rate."
The claim was subsequently progressed in the usual manner up to and including
the highest Carrier officer authorized to handle such matters. Following conference on
the property, the issue remained unresolved.
A careful review of the record indicates that the work in question was not
associated with Position 355-4, but, rather, was a temporary or extra job. Thus, there
was no incumbent to consider. Because there was no one on the Extra Board to can who
had not completed his/her workweek, the Carrier correctly caned the senior available
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qualified regularly assigned employee off duty. The shift upon which the work at issue
was performed does not remove the work from the most senior employee to a junior one,
solely on the basis that the latter's normal shift coincides with the temporary/extra work
at issue.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimaat(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 13th day of August 1997.