Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32881
Docket No. CL-33604
98-3-97-3-50
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11684) that:
This claim is filed on behalf of Mr. Richard Knox, Clerk, East Deerfield,
Massachusetts. The Claim is for sixty (60) days at the Yardmaster's rate
of One Hundred Thirty-Two Dollars and Fifty-Two Cents ($132.52) per
day, for a total of Five Thousand Three Hundred Dollars and Eighty-Two
Cents ($5,300.82). Mr. Knox will settle for the difference from the regular
pay, which totals One Thousand Two Hundred Ninety-Five Dollars and
Twenty-Two Cents ($1,295.22). The dates covered are February 24, 1995
to April 24, 1995.
The Carrier violated the Agreement when it abolished Yardmaster
positions at East Deerfield, Massachusetts, and delegated that work to the
1500 Clerk assignment without added compensation for additional
responsibilities and duties.
The Rules violated are 11, 12, 14, 16 and 17.
This claim is valid and must be paid. Please inform me of the date and
amount of payment.
Case No. H (ST 96-16)
This claim is filed on behalf of Mr. Richard Knox, Clerk, East Deerfield,
Massachusetts. The claim is for thirty (30) days at the Yardmaster's rate
Form 1 Award No. 32881
Page 2 Docket No. CL-33604
98-3-97-3-50
of
One Hundred Thirty-Two Dollars and Fifty-Two Cents ($132.52) per
day, per rata, (total
of
Three Thousand Nine Hundred Seventy-Five
($3,975.00) Dollars), or One Hundred Ninety-Eight Dollars and SeventyEight Cents ($198.78) at the pu
Hundred Sixty-Three Dollars and Forty Cents ($5,963.40). Mr. Knox will
settle for the difference between the two rates for a total
of
One Thousand
Nine Hundred Eighty-Eight Dollars and Forty Cents ($1,988.40).
The Carrier violated the Agreement when it abolished Yardmaster
positions at East Deerfield, Massachusetts, and delegated that work to the
1500 Clerk assignment without added compensation for additional
responsibilities and duties.
The rules violated are 11, 12, 14, 16 and 17.
This claim is valid and must be paid. Please inform me
of
the date and
amount
of
payment."
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.
The Organization argues that the Carrier violated Rule 14(a) of the Agreement
and that the other Rules cited support its position that Rule 14(a) was violated. It takes
the position that the Yardmaster's work was transferred to the 1500 Clerk position. The
Organization claims the Yardmaster rate of pay for the Clerk position in accordance
with Rule 14(a), which reads as follows:
Form 1 Award No. 32881
Page 3 Docket No. CL-33604
98-3-97-3-50
"(a) When there is a material increase or decrease in the duties and
responsibilities of a position, the rate of pay for that position, upon request,
will be the subject matter of adjustment with the General Chairman."
The Organization has the burden to prove the Agreement was violated. It has
failed to cite any past practices or Awards that require the Carrier to adjust rates in
circumstances similar to this case. It also argues for a rate of pay covered by another
craft represented by another Organization. It is clear that all the Rule 14(a) provides
is that the General Chairman may request a rate adjustment. It does not call for an
automatic change in rate.
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 21st day of October 1998.