Form 1
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33180
Docket No. CL-33874
99-3-97-3-360
The Third Division consisted
of
the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Transportation Communications International Union
(National Railroad Passenger Corporation (AMTRAK)
"Claim
of
the System Committee
of
the Organization (GL-11749) that:
(a) The National Railroad Passenger Corporation (Amtrak) violated the
rules
of
the Northeast Corridor Clerical Agreement, particularly the Extra
List Agreement and other rules when it failed to call and work the
employees listed below on the dates indicated, for positions
of
Mail and
Baggage Attendants at Union Station, New Haven, Connecticut, and
instead diverted employees from their regularly assigned Checkmen
positions and required them to fill the vacant Mail and Baggage Attendant
positions;
Date
May 5, 1992
May 5, 1992
May 9, 1992
May 9, 1992
May 10, 1992
May 10, 1992
May 11, 1992
May 11, 1992
May 12, 1992
May 12, 1992
May 13, 1992
May 13, 1992
Claimant
F. Grady
P. Capone
H. Mangini
F. Grady
F. Grady
H. Mangini
H. Mangini
F. Grady
F. Grady
P. Capone
P. Capone
F. Grady
Date
May 22, 1992
May 22, 1992
May 23, 1992
May 23, 1992
May 24, 1992
May 24, 1992
June 2, 1992
June 2,.1992
June 3, 1992
June 3, 1992
June 4, 1992
June 4, 1992
Claimant
F. Grady
H. Mangini
F. Grady
H. Mangini
F. Grady
H. Mangini
P. Capone
F. Grady
H. Mangini
F. Grady
H. Mangini
F. Grady
Form 1 Award No. 33180
Page 2 Docket No. CL-33874
99-3-97-3-360
May 14, 1992 H. Mangini June 5, 1992 F. Grady
May 14, 1992 F. Grady June 5, 1992 H. Mangini
May 15, 1992 H. Mangini June 12, 1992 F. Grady
May 15, 1992 F. Grady June 12, 1992 H. Mangini
May 16, 1992 H. Mangini June 18, 1992 P. Lanier
May 16, 1992 F. Grady June 18, 1992 W. English
May 18, 1992 P. Capone June 21, 1992 F. Grady
May 18, 1992 F. Grady June 21, 1992 P. Capone
May 19, 1992 P. Capone June 23, 1992 W. Austin
May 19, 1992 F. Grady June 23, 1992 T. Mongillo
May 20, 1992 H. Mangini June 28, 1992 P. Capone
May 20, 1992 F. Grady June 28, 1992 F. Grady
May 21, 1992 H. Mangini June 30, 1992 W. Austin
May 21, 1992 F. Grady June 30, 1992 P. Lanier
(b) The National Railroad Passenger Corporation shall be required to
compensate each senior, qualified, available employee named above for
eight (8) hours pay for each date indicated account of these violations.
(c) This claim has been presented and progressed in accordance with
Rule 7-B-1 of the Agreement and should be allowed."
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.
herein.
This Division of the Adjustment Board has jurisdiction over the dispute involved
Parties to said dispute were given due notice of hearing thereon.
r
Form 1
Page 3
Award No. 33180
Docket No. CL-33874
99-3-97-3-360
The Organization's position in this case rests on the allegation that the Carrier
violated the extra board provisions of the Agreement between the Parties by failing to
call the Claimants and instead "diverting" other employees into the vacant positions.
The Board has reviewed the evidence presented in this case thoroughly, and finds no
evidence that the vacancies as described actually existed. Since there were no vacant
positions, the reliance of the Organization on the provisions concerning calling of extra
board employees is misplaced.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL
RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of March 1999.