Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32875
Docket No. CL-33596
98-3-97-3-16
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 Chesapeake and
( Ohio Railway Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GIr11675) that:
Claim No. 1:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant D. BAUR, ID No. 607225,
eight (8) hours punitive at the daily rate of $112.40, because
the Carrier blanked Position 4P70-317 with assigned hours
of 12M-8A 11-16-93.
Claim No. 2:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Form 1 Award No. 32875
Page 2 Docket No. CL-33596
98-3-97-3-16
Agreement No. 10, and Appendix A
of
the Local Overtime
Agreement, when they failed and/or refused to
fill
vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant D. BAUR, ID No. 607225,
eight (8) hours punitive at the daily rate
of
$112.40, because
the Carrier blanked Position 4P70-317 with assigned hours
of
12M-8A 11-7-93.
Claim No. 3:
A. The Carrier violated the terms and conditions
of
the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation
of
work to Jacksonville,
Florida, and Rules 12, 35, as well as others,
of
General
Agreement No. 10, and Appendix A
of
the Local Overtime
Agreement, when they failed and/or refused to
fill
vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant L. MC CARTHY, ID No.
193532, eight (8) hours punitive at the daily rate
of
$121.97
because the Carrier blanked Position 4P70-317 with assigned
hours
of
12M-8A 11-8-93.
Claim No. 4:
A. The Carrier violated the terms and conditions
of
the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation
of
work to Jacksonville,
Florida, and Rules 12, 35, as well as others,
of
General
Agreement No. 10, and Appendix A
of
the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 3 Docket No. CL-33596
98-3-97-3-16
B. The Carrier will allow Claimant L. MC CARTHY, ID No.
193532, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-81 11-9-93.
Claim No. 5:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant J. BAHNSEN, ID No.
193472, eight (8) hours punitive at the daily rate of $112.40
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 11-10-93.
Claim No. 6:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant J. BAHNSEN, ID No.
193472, eight (8) hours punitive at the daily rate of $112.40
because the Carrier blanked Position 4P70.317 with assigned
hours of 12M-8A 11-11-93.
Form 1 Award No. 32875
Page 4 Docket No. CL-33596
98-3-97-3-16
Claim No. 7:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant D. BAUR, ID No. 607225,
eight (8) hours punitive at the daily rate of $112.40 because
the Carrier blanked Position 4P70-317 with assigned hours
of 12M-8A 11-13-93.
Claim No. 8:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to
rill
vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant D. BAUR, ID No. 607225,
eight (8) hours punitive at the daily rate of $112.40 because
the Carrier blanked Position 4P70-317 with assigned hours
of 12M-8A 11-14-93.
Claim No. 9:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Form 1 Award No. 32875
Page 5 Docket No. CL-33596
98-3-97-3-16
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant J. BAHNSEN, ID No.
193472, eight (8) hours punitive at the daily rate of $112.40
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 11-15-93.
Claim No. 10:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. SHREWSBERY, ID No.
193531, eight (8) hours punitive at the daily rate of $127.21
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 11-16-93.
Claim No. 11:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 6 Docket No. CL-33596
98-3-97-3-16
B. The Carrier will allow Claimant G. SHREWSBERY, ID No.
193531, eight (8) hours punitive at the daily rate of $127.21
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 11-17-93.
Claim No. 12:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant J. BAHNSEN, ID No.
193472, eight (8) hours punitive at the daily rate of $112.40
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 11-18-93.
Claim No. 13:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAM ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4PM-12M 11-19-93.
Form 1 Award No. 32875
Page 7 Docket No. CL-33596
98-3-97-3-16
Claim No. 14:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation
of
work to Jacksonville,
Florida, and Rules 12, 35, as well as others,
of
General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant D. BAUR, ID No. 607225,
eight (8) hours punitive at the daily rate
of
$112.40 because
the Carrier blanked Position 4P70-317 with assigned hours
of
12M-8A 11-20-93.
Claim No. 15:
A. The Carrier violated the terms and conditions
of
the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation
of
work to Jacksonville,
Florida, and Rules 12, 35, as well as others,
of
General
Agreement No. 10, and Appendix A
of
the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant D. BAUR, ID No. 607225,
eight (8) hours punitive at the daily rate
of
$112.40 because
the Carrier blanked Position 4P70-317 with assigned hours
of
12M-8A 11-21-93.
Claim No. 16:
A. The Carrier violated the terms and conditions
of
the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation
of
work to Jacksonville,
Form 1 Award No. 32875
Page 8 Docket No. CL-33596
98-3-97-3-16
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. SHREWSBERY, ID No.
193531, eight (8) hours punitive at the daily rate of $127.21
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 11-22-93.
Claim No. 17:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant J BAHNSEN, ID No.
193472, eight (8) hours punitive at the daily rate of $112.40
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 11-23-93.
Claim No. 18:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 9 Docket No. CL-33596
98-3-97-3-16
B. The Carrier will allow Claimant R SAFFLE, ID No. 193483,
eight (8) hours punitive at the daily rate of $127.21 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-24-93.
Claim No. 19:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-27-93.
Claim No. 20:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-28-93.
Form 1 Award No. 32875
Page 10 Docket No. CL-33596
98-3-97-3-16
Claim No. 21:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-29-93.
Claim No. 22:.
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. GERRARD, ID No.
607222, eight (8) hours punitive at the daily rate of $127.21
because the Carrier blanked Position 4P68-125 with assigned
hours of 8A-4P 11-30-93.
Claim No. 23:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Form 1 Award No. 32875
Page 11 Docket No. CL-33596
98-3-97-3-16
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEEFER, ID No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-125 with assigned
hours of 8A-4P 12-1-93.
Claim No. 24:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General _
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to
fill
vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 12-2-93.
Claim No. 25:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to
fill
vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 12 Docket No. CI~33596
98-3-97-3-16
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 12-3-93.
Claim No. 26:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center
in
Jacksonville, Florida.
B. The Carrier will allow Claimant L. MC CARTHY, ID No.
193532, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P70-317 with assigned
hours of 12M-8A 12-5-93.
Claim No. 27:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEEFER, ID No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-126 with assigned
hours of 4P-12M 11-6-93.
Form 1 Award No. 32875
Page 13 Docket No. CL-33596
98-3-97-3-16
Claim No. 28:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEEFER, ID No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-125 with assigned
hours of 8A-4P 11-7-93.
Claim No. 29:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEEFER, ID No.
189376, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-125 with assigned
hours of 8A-4P 11-8-93.
Claim No. 30:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Form 1 Award No. 32875
Page 14 Docket No. CL-33596
98-3-97-3-16
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEEFER, ID No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-125 with assigned
hours of 8A-4P 11-10-93.
Claim No. 31:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-10-93.
Claim No. 32:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 15 Docket No. CL-33596
98-3-97-3-16
B. The Carrier will allow Claimant C. FOGEL, ID No. 194062,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-11-93.
Claim No. 33:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, 1D No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-11-93.
Claim No. 34:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEFFER [sic], ID No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the
Carrier blanked Position 4P68-126 with assigned
hours of 4P-12M 11-13-93.
Form 1 Award No. 32875
Page 16 Docket No. CL-33596
98-3-97-3-16
Claim No. 35:
A . The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant J. BAHNSEN, ID No.
193472, eight (8) hours punitive at the daily rate of $112.40
because the Carrier blanked Position 4P70-217 with assigned
hours of 4P-12M 11-12-93.
Claim No. 36:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R BLAIR, IlD No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-12-93.
Claim No. 37:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Form 1 Award No. 32875
Page 17 Docket No. CIr33596
98-3-97-3-16
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-14-93.
Claim No. 38:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-15-93.
Claim No. 39:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 18 Docket No. CL-33596
98-3-97-3-16
B. The Carrier will allow Claimant C. FOGEL, ID No. 194062,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-16-93.
Claim No. 40:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-16-93.
Claim No. 41:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEEFER, ID No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-125 with assigned
hours of 8A-4P 11-17-93.
Form 1 Award No. 32875
Page 19 Docket No. CL-33596
98-3-97-3-16
Claim No. 42:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-17-93.
Claim No. 43:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant C. FOGEL, ED No.194062,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-18-93.
Claim No. 44:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement
Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Form 1 Award No. 32875
Page 20 Docket No. CLr33596
98-3-97-3-16
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-18-93.
Claim No. 45:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local-Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant G. KEEFER, ED No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-126 with assigned
hours of 4P-12M 11-20-93.
Claim No. 46:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 21 Docket No. CL-33596
98-3-97-3-16
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-125 with assigned hours of
8A-4P 11-21-93.
Claim No. 47:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R SAFFLE,1D No. 193483,
eight (8) hours punitive at the daily rate of $127.21 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-22-93.
Claim No. 48:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R SAFFLE, ID No. 193483,
eight (8) hours punitive at the daily rate of $127.21 because
the Carrier blanked Position 4P68-125 with assigned hours
of 8A-4P 11-23-93.
Form 1 Award No. 32875
Page 22 Docket No. CL-33596
98-3-97-3-16
Claim No. 49:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant C. FOGEZ, ID No. 194062,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-23-93.
Claim No. 50:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant C. FOGE4 ID No. 194062,
eight (8) hours punitive at the daily rate of $142.78 because .
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-30-93.
Claim No. 51:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Form 1 Award No. 32875
Page 23 Docket No. CL-33596
98-3-97-3-16
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant C. FOGEZ, ID No. 194062,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 12-1-93.
Claim No. 52:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
transfer and consolidation of work to Jacksonville, Florida,
and Rules 12, 35, as well as others, of General Agreement
No. 10, and Appendix A of the Local Overtime Agreement,
when they failed and/or refused to fill vacant positions
created by the C&O Employees being relocated to the
Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant C. FOGEZ, ID No. 194062,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 12-2-93.
Claim No. 53:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
Form 1 Award No. 32875
Page 24 Docket No. CL-33596
98-3-97-3-16
B. The Carrier will allow Claimant G. KEEFER, ID No.
189434, eight (8) hours punitive at the daily rate of $121.97
because the Carrier blanked Position 4P68-125 with assigned
hours of 8A-4P 11-9-93.
Claim No. 54:
A. The Carrier violated the terms and conditions of the
Memorandum Agreement Signed March 1993, concerning
the transfer and consolidation of work to Jacksonville,
Florida, and Rules 12, 35, as well as others, of General
Agreement No. 10, and Appendix A of the Local Overtime
Agreement, when they failed and/or refused to fill vacant
positions created by the C&O Employees being relocated to
the Customer Service Center in Jacksonville, Florida.
B. The Carrier will allow Claimant R. BLAIR, ID No. 612522,
eight (8) hours punitive at the daily rate of $142.78 because
the Carrier blanked Position 4P68-126 with assigned hours
of 4P-12M 11-9-93:'
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.
This case consists of 54 claims brought by nine Claimants covering various dates
between November 6 and December 5,1993. All Claimants are employees at Walbridge,
Form 1 Award No. 32875
Page 25 Docket No. CIr33596
98-3-97-3-16
Ohio. Each claim alleges that the Carrier should have called Claimant to fill a position
that was temporarily vacant because the incumbent of the position was undergoing
training in Jacksonville, Florida. The Carrier contended that it could properly blank
the positions especially since the incumbents were under pay and working (training)
elsewhere on its system on all claim dates.
The Carrier's Project VISION concerned, among other subjects, the relocation
of certain agency/data work from field offices to a centralized facility in Jacksonville,
Florida. On March 4,1993, the Organization and the Carrier entered into a New York
Dock Implementing Agreement covering the transfer of work and employees from
several field locations, including Walbridge, to Jacksonville. Attachment A to the
Implementing Agreement set December 5, 1993 as the effective date for transferring
work and employees from Walbridge to Jacksonville. Section 9(a) of the March 4, 1993
Implementing Agreement obligated the Carrier to provide those successful applicants,
who were being transferred from Walbridge to Jacksonville, with certain training as
follows:
"Employees assigned to positions under this agreement will be provided
sufficient training, pursuant to the program already in existence at the
Customer Service Center in advance of, and prior to, actual on-the-job
assignment consisting of up to four weeks in a classroom environment
unless otherwise agreed. Some additional training may be extended to
certain employees. Additionally, it is understood any applicant who
possesses the minimum skills will be given an opportunity to complete the
classroom training course."
Because employees relocating to Jacksonville would be trained at Jacksonville
prior to the actual transfer of work and employees, work remained to be accomplished
at the field locations. In Section 10 of the March 4, 1993 Implementing Agreement,.the
parties concurred that the Carrier could use Customer Service Specialists to perform
the clerical functions normally performed by those employees who were being trained
for positions in the centralized Customer Service Center at Jacksonville. Section 10 the
March 4, 1993 Implementing Agreement provides:
"Employees assigned to Customer Service Specialist positions in the
Customer Service Center may be used at those
locations where the project
is being implemented to provide service and perform Customer Service
Form 1 Award No. 32875
Page 26 Docket No. CIr33596
98-3-97-3-16
and Transportation Service Center clerical functions while the clerical
employees normally performing those functions who are successful
applicants for positions in the Customer Service Center are being trained
for the positions in the Customer Service Center prior to implementation
of a particular location."
On the same date that they executed the March 4,1993 Implementing Agreement,
the parties entered into a Memorandum of Agreement, commonly referred to as the
"Specialist Agreement," permitting the Carrier to establish 17 Customer Service
Specialists (traveling) positions headquartered at Jacksonville. One of the primary
purposes of a traveling Customer Service Specialist was to provide relief for field
employees in training. More specifically, Section 8 of the March 4, 1993 Specialist
Agreement states:
"Incumbents of the positions set forth herein may be assigned, subject to
seniority, if possible, by the Carrier, to assist in the progressive
implementation of the work transfer to the CSC by traveling to those
locations where the project is being implemented in order to provide
service and perform Customer Service and Transportation Service Center
clerical functions while those clerical employees normally performing those
functions who are the successful applicants for positions in the Customer
Service Center at Jacksonville, are being trained for the positions in the
new operation prior to implementation of a particular location."
Section 12 of the same Agreement reads:
"(a) Employees assigned to perform line-of-road service pursuant to this
agreement will assume the hours and days of assignment of the position on
which they are furnishing relief while the incumbent of that position is in
training.
(b) A Customer Service Specialist assigned to perform this relief work on
a line-of-road position shall, once displaced by an employee at a location
due to job abolishments or other reduction in force, immediately return to
the CSC in Jacksonville, unless otherwise needed for relief service
pursuant to this Agreement."
Form 1 Award No. 32875
Page 27 Docket No. CL-33596
98-3-97-3-16
From approximately September 24 through December 5, 1993, the Carrier
prepared to implement the transfer of work and employees from Walbridge. During this
transition or phase-in period, the incumbents of many Customer Service, Agency and
Transportation Service positions at Walbridge spent considerable time undergoing
training in Jacksonville. Pursuant to both the March 4, 1993 Implementing Agreement
and the March 4, 1993 Specialist Agreement, the Carrier frequently used Customer
Service Specialists to perform the functions that otherwise would have been performed
by the employees in training.
On most of the claim dates, the Carrier experienced a shortfall of traveling
Customer Service Specialists vis-a-vis the number of Walbridge positions left unfilled
because the incumbents were being trained in Jacksonville. On those shifts where the
number of unfilled positions exceeded the number of available traveling Customer
Service Specialists, the Carrier elected not to fill the positions because local supervision
deemed that it had a sufficient workforce to accomplish the clerical functions of all
regular incumbents who were in training at Jacksonville.
In these claims, the Organization submits that where the Carrier did not have a
traveling Customer Service Specialist to fill a position vacated by an incumbent in
training, the Carrier was required to fill the position in accordance with Rule 12 (Zoned
Extra Boards) and Rule 35 (Working Overtime) of the Agreement. In other words, the
Organization charges that the Carrier could not blank the positions unless no employee
was available to fill the-temporary vacancy as specified by Rule 42.
After carefully perusing the record, the Board concludes that the Carrier
remained obligated to comply with the Rules for filling temporary vacancies when it did
not or could not take advantage of its right to first fill a Walbridge temporary vacancy
with a traveling Customer Service Specialist.
The March 4, 1993 Implementing Agreement and the supplemental Specialist
Agreement vested the Carrier with the discretion to fill a temporary vacancy created
by the incumbent undergoing training in Jacksonville with a special employee called a
traveling Customer Service Specialist. This permitted the Carrier to insure that field
clerical work would be performed, in the absence of the incumbent, by fully qualified
individuals without the need to call an employee on overtime. Section 12(a) of the March
4, 1993 Specialist Agreement contemplated that the traveling Customer Service
Specialist would relieve a "position" when the Specialist was assigned to perform line-of-
Form 1 Award No. 32875
Page 28 Docket No. CL-33596
98-3-97-3-16
road service. Similarly, Section 12(b) refers to the Specialist being assigned ". . . to
perform this relief work on a line-of-road position . . . ." The Specialist Agreement thus
envisioned that the traveling Customer Service Specialist was going to fill a position.
This language fits with the language in Rules 12 and 35 of the basic Agreement. Stated
differently, the parties developed an additional step that the Carrier could utilize to fill
Walbridge temporary vacancies before filling the vacancy in accordance with the basic
Agreement.
Nothing in the Specialist Agreement served to annul the basic Agreement. The
Specialist Agreement only preempted the schedule Rules by creating an optional,
permissive step whereby the Carrier could utilize a special class of employee called
"traveling Customer Service Specialists" before it had to follow Rules 12 and 35 of the
basic Agreement Indeed, the Board studied the two March 4, 1993 Agreements and we
do not find any language that even suggests that the parties intended to supersede or
completely eliminate Rules 12 and 35 of the basic Agreement for purposes of filling
temporary vacancies at Walbridge.
It is true, as the Carrier asserts, that because the incumbents were undergoing
training and were receiving compensation the temporary vacancies were created under
unique circumstances. However, the parties dealt with the uniqueness of this situation
by adding a tier or step to the process for filling temporary vacancies in recognition of
the unusual manner in which the temporary vacancies arose.
Therefore, on those shifts when the Carrier found that it had an insufficient
number of traveling Customer Service Specialists to fill all temporary vacancies arising
on Walbridge clerical positions, it was obligated to then call employees to fill temporary
vacancies pursuant to Rules 12 and 35. It was relieved of this obligation only on those
shifts when no employee was available to fill the vacancy.
The record reflects that several of the claims must be dismissed or denied because
they refer to nonexistent positions or have a major defect. First, the record reflects that
Claims Nos. 1 and l0 are duplicative. They cover the same position (4P70-317) for the
same shift (12:00 A.M. to 8:00 A.M.) for the same date (November 16,1993). We will
sustain Claim No. 1 and to prevent a duplicative claim, the Board dismisses Claim No.
10.
Form 1 Award No. 32875
Page 29 Docket No. CL-33596
98-3-97-3-16
The Carrier asserted that Position 4P68-126 is a nonexistent position at least on
the 4:00 P.M. to 12:00 A.M. shift. The Organization failed to refute the Carrier's
representation. Therefore, the 17 claims pertaining to the illusory 4P68-126 position on
the swing shift are denied. Those are Claim Nos. 13,19, 25, 27, 31, 33, 34, 36, 40, 42, 44,
45, 49, 50, 51; 52 and 54.
Next, the record reflects that on Friday, November 12, 1993 the Carrier was not
obligated to fill Position 4P70-217 because that day was a rest day for the position.
Therefore, Claim No. 35 is also denied.
After these exclusions, the remaining 35 claims are sustained.
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.