Please consider this as a claim of the District 1089 Protective Committee on behalf of R. E. Conti, seniority date August 29, 1979. The Carrier violated the current Rules Agreement between the National Railroad Passenger Corporation and the Transportation Communications International Union, partially but not limited to Appendix E (Extra Board Agreement) Articles 5, 6, and 7.
On Wednesday, August 9, 1995, position Gateman, Symbol GU81 1, hours 3:00 p.m. - 11:30 p.m., location South Station was vacant because the former incumbent E. Mazzio had successfully applied to another position. The Carrier then allowed a hold-down on Position GU81 1, a position not known to be of more than five (5) days, to C. Gutherie who had requested a hold-down on this position.
Therefore, claim is made on behalf of R. E. Conti, seniority date August 29, 1979, for eight (8) hours pay at the punitive rate for each of the following dates C. Gutherie was allowed to work this position on a holddown basis, August 9,11,14, a R. E. Conti was the senior qualified employee available and willing to work this position but was not called and used.
This claim is presented in accordance with the current Rules Agreement, is in order, and should be allowed." Form 1 Page 2
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.
The contract language most relevant to the instant dispute is Article 8, Section (A) of the Extra Board Agreement. That provision reads as follows:
The essential facts of this case are not in dispute. The vacancy at issue was initially thought to be of six working days' duration, and, in accordance with the provisions of Article 8, Section A, above. Accordingly, it could properly be assigned on a hold-down basis. Claimant's seniority was greater than the employee assigned the vacancy.
However, nowhere on this record has the Board found any evidence that Claimant actually made written application for the hold-down. In the absence of such an application, the Carrier's assignment of Mr. Gutherie was not in violation of the Agreement. Form 1 Page 3