Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32381
Docket No. TD-32668
97-3-95-3-605
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher when award was rendered.
(American Train Dispatchers Department/International
( Brotherhood of Locomotive Engineers
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"(A) CSX Transportation, Inc. (`Carrier' or 'CSXT') violated its train
dispatchers fundamental agreement applicable in the Jacksonville
Centralized Train Dispatching Center (`JCTDC') including Appendix 6
Section 3 and 4 (A) thereof when it failed to use claimant guaranteed
assigned train dispatcher ('GATD') K. N. Nanna as the senior extra train
dispatcher to fill a temporary vacancy on Monday September 5, 1994.
(B) Because of said violation, CSXT shall now compensate claimant K. N.
Nanna one days pay at the rate applicable to chief dispatchers pay for
Monday September 5, 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 i Award No. 32381
Page 2 Docket No. TD-32668
97-3-95-3-605
After Claimant had been scheduled to qualify on the AP console on second shift,
on Monday, September 5, 1994, a vacancy developed on the first shift Chief Train
Dispatcher's assignment. Claimant, the senior extra Train Dispatcher at the time, was
available to fill the vacancy without violating the Hours of Service Act. He was not
prevented from working the vacancy by some other provision of the Agreement. He was
qualified to work the vacancy, and was situated so that he could have arrived in time to
commence work at the starting time of the vacancy.
Carrier, however, called a junior employee for the vacancy on the grounds that
Claimant "had a preference of second shift." Carrier is not privileged to bypass Section
4(a) of the Agreement on its perception of what shift an eligible employee may or may
not desire.
The claim will be sustained.
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 30th day of December 1997.