Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32718
Docket No. TD-33251
98-3-96-3-680
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(American Train Dispatchers Department/International
( Brotherhood of Locomotive Engineers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM
:
"Consolidated Rail Corporation (hereinafter referred to as `the
Carrier') violated the current effective agreement between the carrier and
the American Train Dispatchers Department (hereinafter referred to as
`the Organization'), Rule 5 in particular when the Carrier on January 25,
1995, failed to call dispatcher P. R. Houle to perform service as senior
dispatcher available to fill a vacancy on position 3rd trick ACTD - I
(Mohawk). .Junior dispatcher K. J. Tardiff was used instead at the
overtime ACTD rate.
The Carrier shall now compensate dispatcher P. R. Iloule eight 18)
hours at the overtime ACTD rate account he was entitled to this work but
was not called."
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.
Form 1 Award No. 32718
Page 2 Docket No. TD-33251
98-3-96-3-680
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
On January 25, 1995, a vacancy occurred on the third trick, Mohawk ACTD in
Carrier's Selkirk, New York, office. An employee junior to Claimant who was working
second trick was used for the vacancy. The Organization maintains that Claimant
should have been called and is entitled to eight hours at the time and one-half rate.
The Organization, however, offered no evidence during handling on the property
that Claimant was qualified for the vacancy. Indeed, it appears from the record that
there was no dispute that Claimant had never worked as an Assistant Chief Train
Dispatcher and that he was not qualified for the position. Therefore, the claim must be
denied because Claimant is not a proper Claimant.
AWARD
Claim denied.
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 19th day of August 1998.