Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32884
Docket No. CL-33647
98-3-97-3-112
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 (GIr11689) that:
Claim is on behalf of Mr. P. J. O'Toole, Clerk, Portland, Maine, for
Tuesday, October 4, 1994, eight (8) hours at time and one half.
Carrier violated Rules 5, 6, 8, 9, 16, 17, 18 and 21, of the Agreement
between Maine Central Railroad Company (Springfield Terminal Railway
Company) and the Transportation-Communications International Union,
when it took a junior employee off a hold down clerk's position and
allowed him to cover Mr. Cosgrove's job on the above date.
Claim is valid and should be paid."
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.
Form i Award No. 32884
Page 2 Docket No. CL-33647
98-3-97-3-112
Parties to said dispute were given due notice of hearing thereon.
On the claim date the Claimant was assigned as Yard Clerk at Rigby Yard, South
Portland, Maine, from 3:00 P.M. until 11:00 P.M. The Carrier filled the 6:00 A.M.
position at Rigby Yard with the senior unassigned Clerk.
The Organization takes the position that the unassigned Clerk was on a hold down
position and should not have been used. It further states the Clerk was paid overtime
for the work on October 4,1994.
The Carrier argues that the unassigned Clerk was not on a hold down job as
illustrated in the October 1, 1964 Letter of Agreement. It also points out that overtime
was not paid on the 6:00 A.M. job.
The Organization has not shown how the unassigned Clerk was restricted from
filling the 6:00 A.M. job. The Organization has failed to meet its burden of proof that
the Agreement was violated.
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.