Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32883
Docket No. CL-33640
98-3-97-3-113
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-11690) that:
CLAIM ST-95-04
Claim is on behalf of Mr. Richard Knox, Clerk, at East Deerfield,
Massachusetts. This claim is due to Carrier diverting Clerk off the
1600 Clerk's position at Ayer, Massachusetts, to the 0700 Clerk's
position at East Deerfield, Massachusetts.
Carrier violated Rule 17 of the Agreement between TCU and the
Boston and Maine Corporation Springfield Terminal Railway
Company.
Mr. Knox should have been allowed eight hours at time and onehalf for Monday, August 15,1994. He was
was never called.
Claim is on behalf of Mr. Richard Knox, Clerk, East
Deerfield, Massachusetts. Claim is due to junior employee
furloughed working while senior employee was never called.
Carrier violated Rules 17 and 28 of the Agreement between
TCU and the Boston & Maine Corporation, Springfield Terminal
Railway.
Form 1 Award No. 32883
Page 2 Docket No. CL-33640
98-3-97-3-113
Mr. Knox should be allowed eight (8) hours at time and onehalf for the following dates:
1. 1994: July 3, 10; August 7, 14, 27, 28
0600-1500 Clerk, 9 hours per day at
East Deerfield.
2. 1994: July 24, August 27: 0600 Clerk;
July 25:1500 Clerk;
July 26, 27, 28, 29, August 23,
24, 25, 26: 1500 Clerk.
East Deerfield.
3. 1994: July 1, 2, 5 through 15,
July 18, 19, 25 through 29, August 1
through 5, 8, 15, August 18, 19, 29
through September 2: 0600 Clerk on
Sunday, August 17 (9'/s hours and
August 21) plus dead-heading East
Deerfield.
4. 1994: July 9: 9 hours 0600 Agent
July 20, 21, 22: 1400 Clerk
July 30: 1 hour 0600 Agent
July 31:(0600 Clerk)
August 6: 0600 Agent plus Dead-Heading.
CLAIM ST-95-05
Claim is fled on behalf of Mr. Richard Knox, Clerk, East
Deerfield, Massachusetts. Claim is due to junior employee
furloughed working while senior employee was never called.
Carrier violated Rules 17 and 28 of the Agreement between
TCU and the Boston & Maine Corporation (Springfield Terminal
Railway Company.
Form 1
Page 3
Award No. 32883
Docket No. CIr33640
98-3-97-3-113
Mr. Knox should be allowed eight (8) hours at time and onehalf for the following dates:
1. Claim against J. F. Vasquez
1994: August 28; September 4,18, 25
Nine (9) hours per day
4 x 18.87 = 679.32.
2. Claim against R Bussier
1994: September 7, 8, 9, 10, 17, 18
Six (6) days x 18.87 = 855.76 plus
Six (6) days x 4.6 hours x 12.58 = 347.21
deadheading.
3. Claim against D. Trump
1994: August 30; September 11 (9 Hrs), 20, 21,
22,D and 24 (9Hrs)
Seven (7) Days x Eight (8) hours and
Two (2) hours x 18.87 = 1,104.46.
Total claim is for Two Thousand Nine Hundred Eighty-Six
Dollars and Seventy-Five Cents (2,986.75).
Claim is valid and should be paid.
CLAIM ST-96-14
Claim is filed on behalf of Mr. Richard Knox, Clerk, East
Deerfield, Massachusetts. The Claim is due to furloughed junior
employees working while senior employee was never called.
The Carrier violated Rules 17 and 28 of the Agreement
between TCU and the Boston & Maine Corporation (Springfield
Terminal Railway Company).
Mr. Knox should be allowed eight (8) hours at time and onehalf for the following dates:
Form 1
Page 4
Award No. 32883
Docket No. CL-33640
98-3-97-3-113
1. Claim against J. Vasquez, April 9, 1995:
covered 0600 Clerk at East Deerfield,
Massachusetts, 10 hours.
2.
Claim against J. Vasquez, April 23, 1995:
covered 0600 Clerk at East Deerfield,
Massachusetts, 9 hours.
TOTAL: 19 hours = 358.52.
3. Claim against D. Trump, April 2, 1995: covered
0600 Clerk at East Deerfield, Massachusetts,
..... 9 hours.
4. Claim against D. Trump, April 13, 1995:
covered 0600 Clerk at East Deerfield,
Massachusetts, 8 hours.
5. Claim against D. Trump, April 16, 1995:
covered 0600 Clerk at East Deerfield,
Massachusetts,
10'/x
hours.
CLAIM ST-96-34
Claim against D. Trump, April 30, 1995:
covered 0600 Clerk at East Deerfield,
Massachusetts, 8 hours.
TOTAL: 35.5 hours=669.89.
This claim totals One Thousand Twenty-Eight Dollars and
Forty-Two Cents ($1,028.42).
The Claim is valid and should be paid.
Claim is filed on behalf of Mr. Richard Knox, Clerk, East
Deerfield, Massachusetts. This claim is due to the Carrier using
furloughed junior employees working while senior employee was
never called.
Form 1 Award No. 32883
Page 5 Docket No. CI-33640
98-3-97-3-113
Carrier violated Rules 17 and 28 of the Agreement between
TCU and the Boston and Maine Corporation (Springfield Terminal
Railway Company).
Mr. Knox should be allowed eight (8) hours at time and one
half for the following positions and dates:
0600 Agent Ayer, Massachusetts June 5, 1995
through June 9, 1995, again June 14,1995
through June 16, 1995. This is while regular
agent on vacation.
8 Days pay punitive 1280.48.
8 Days Deadheading Daily one way 490.91.
Agent Fitchburg, Massachusetts June 12, 1995
and June 13, 1995, account Junior furloughed
employee chose not to use his seniority to
cover Clerk's position at North Billerica,
Massachusetts these dates.
2 Days at punitive rate 334.08.
Deadheading 125.79.
This claim totals Two Thousand Thirty-One Dollars and
Twenty-Six Cents (2231.26). Claim is valid and must be paid.
This claim is on behalf of Mr. Richard Knox, East Deerfield,
Massachusetts. Claim is for the earnings of Agent Ayer,
Massachusetts, June 12th through June 16th, 1995, and the 0600
Clerk at Ayer, Massachusetts, June
17th and June 18th, 1995.
Rules violated are Rules 8 and 10 of the Agreement.
Claim is valid and must be paid.
Form 1 Award No. 32883
Page 6 Docket No. CL-33640
98-3-97-3-113
Ayer Agent Rate 13.34
7 Days Work 1120.56
4.6 Hrs Round Trip 7 Days 429.55 (Deadheading)
966 Miles 202.97
1752.97 TOTAL
Claim is further made that the initial denials are not
sufficient under Rule 44 thus making the denials untimely."
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 facts concerning all of the above claims are:
a. At all times relevant to these claims, Claimant was fully employed
with a guaranteed 40 hour workweek.
b. At all times relevant to these claims, several unassigned Clerks were
on call and available to cover temporary vacancies.
c. The Agreement between the parties gives the Carrier the right,
indeed the obligation, to fill temporary vacancies with other than
regularly assigned employees who would not otherwise have 40
hours in their work week, if available.
Form 1 Award No. 32883
Page 7 Docket No. CL-33640
98-3-97-3-113
d. The Agreement also allows Claimant to apply for and step up to any
temporary vacancy which he would desire, provided he is the senior
applicant. Work performed under this provision is paid for at the
straight time rate.
e. 1n spite of Claimant's right to apply for any of the temporary
vacancies subject to these claims, a right granted him by the
provisions of Rule 8(g), the record is void of any evidence that he
did so.
The Organization has the burden to prove the Agreement was violated by the
Carrier. It has not met its burden in this case.
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.