On January 31, 1996, Claimant, a Guaranteed Extra Board employee, was called at 5:00 A.M. by the Chief Yard Clerk at Memphis, Tennessee, to fill a vacancy on Position No. 1337, starting at 7:00 A.M. Claimant indicated that he did not feel qualified for the job because it had been two years, possibly longer, since he had worked the assignment. The next junior employee was called and worked the vacancy. When the Chief Yard Clerk was relieved at 7:00 A.M., he discussed the matter with his relief and both determined that, under the circumstances, Claimant should not be "Red Xed" as missing a call. No such notation was placed against his name on the Extra Board
At 8:00 A.M. the General Agent came on duty and after reviewing the Extra Board activity for the past 24 hours, instructed the Day Chief Clerk to "Red X" Claimant for missing an assignment. Once an employee is "Red Xed" he may not be called until all other employees on the Board have been called and offered work. The General Agent's decision to "Red X" Claimant caused him to be passed over that day for a 3:00 P.M. vacancy on Position No. 1313.
The claim before the Board seeks eight hours compensation for being bypassed on January 31. 1996.
A decision was made by one Chief Clerk and accepted by another Chief Clerk that Claimant was not qualified to work position No. 1337. That decision had ought not be countermanded by the General Agent two hours later. Claimant was entitled to be made aware of the possibility that he could be "Red Xed" if he did not accept the call for Position No. 1337. It is too late to do any "Red Xing" two hours later. after the opportunity to work a turned down position is long passed. The claim has merit.
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.