Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32873
Docket No. CI-33579
98-3-97-3-15
The Third Division consisted of the regular members and in addition Referee
John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast
( Line Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11674) that:
1. Carrier violated the Agreement on December 12, 13, 14 and 15,
1995, when it called junior employe J. W. Rawls off scheduled
vacation to perform service for the Carrier instead of calling
Claimant, H. E. Brannen, ID 138658, who was the senior available
employe.
2. Carrier shall compensate Claimant eight (8) hours' pay at the
applicable overtime rate for each of the four (4) claims."
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. 32873
Page 2 Docket No. CL-33579
98-3-97-3-15
On December 12, 13, 14 and 15, 1995, the Carrier called Clerk Rawls from his
vacation to perform service at the Carrier's Waycross, Georgia, Materials Department.
Relying on Rule 18(d), Claimant, who is senior to Clerk Rawls, filed claims contending
that the Carrier should have called him on the four dates in question. Rule 18(d) reads:
"(d) When filling short vacancies occasioned by failure of the regularly
assigned relief employee to report for duty, the following procedure will be
observed, in the order shown:
1. By use of unassigned employees who have not completed forty
(40) hours in that week, as provided for in paragraphs (a) and (b) of this
rule.
2. By the employee who works the job five (5) days per week, if he
desires the work.
3. By the senior qualified available regularly assigned employee, in
the immediate office, as established by agreement between Division
Chairman and appropriate Carrier officer, who has filed a written request
at least five (5) days prior to the occurrence of the vacancy desired."
The Carrier compensated Clerk Rawls at the penalty rate as required by the
National Vacation Agreement. The Carrier therefore contends that it is not liable for
any other penalty payment arising out of its decision to call Clerk Rawls.
While the payroll and work records are not entirely clear, it appears as though
the Carrier called Clerk Rawls on one day to train on the duties of the Chief Clerk
position because the Carrier anticipated an impending vacancy on that position.
Claimant was not qualified to perform this service. However, on the other three dates,
there is no definitive evidence that Clerk Rawls continued to train in the Chief Clerk
position albeit local supervision asserted that Clerk Rawls' activities were restricted to
training. Rather, the payroll records indicated that he filled Positions 201 and 254.
Also, Claimant was unavailable to be called to work on December 15,1995 because he
was on personal leave.
In summary, the Carrier should have called Claimant on two of the four days.
Paying Clerk Rawls under the National Vacation Agreement did not relieve the Carrier
Form 1 Award No. 32873
Page 3 Docket No. CL-33579
98-3-97-3-15
of continuing to comply with applicable Rules in the parties' Agreement. The Carrier's
failure to call a senior qualified available employee on two days was a violation of Rule
18(d) which is a provision separate and distinct from the terms of the National Vacation
Agreement.
Therefore, the Carrier shall compensate Claimant for 16 hours at the overtime
rate of pay for breaching Rule 18(d). [See Third Division Award 21508.1
AWARD
Claim sustained in accordance with the Findings.
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 21st day of October 1998.