Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33498
Docket No. CL-34688
99-3-98-3-355
The Third Division consisted of the regular members and in addition Referee
Robert G. Richter when award was rendered.
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
(Transportation Communications International Union
(Springfield Terminal Railway Company
"Claim of the system committee of the Organization (GL-12036) that:
(a) This claim is filed on behalf
of
Mr. Richard Knox, TSR, North
Billerica, MA. This claim is for four days, June 30 through July 3, 1997,
at the rate
of
eight hours at time and one-half, as well as car mileage 80
miles one way, 160 miles per day, for 640 miles total.
(b) The Carrier violated the Agreement when it refused to cover 0600
Clerk's position at East Deerfield Yard after Mr. Knox requested to cover
the 5 day vacancy created by Mr. J. Fowler's vacation.
(c) The Rules violated are 11.1, 11.4, 21.1, 21.3 and all other rules
of
the
Agreement.
(d) This claim is valid and must be paid."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1
Page 2
Award No. 33498
Docket No. CL-34688
99-3-98-3-355
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 Carrier's position of Transportation Services Representative at East
Deerfield was vacant due to a scheduled vacation of the incumbent of the job. Claimant
had made application to fill the vacancy. The Carrier elected to blank the job.
The Organization filed this claim for the Claimant. Rule 21.1 deals with the
filling of temporary vacancies, which reads:
"21.1 When the Carrier elects to fill vacancies of five (5) working days or
more but less than thirty (30) working days duration, including
vacation absences of five (5) working days or more, the senior
qualified employee making written application will be so assigned,
provided undue impairment is not caused to the service (e.g., the
inability to fill behind the senior employee making application)."
Carrier argues that it does not have to fill the vacancy and that even if it did fill
the job, there was nobody available to fill the Claimant's job; a fact the Organization
did not dispute.
The Organization has failed to meet its burden that the Agreement was violated.
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Form 1
Page 3
Award No. 33498
Docket No. CL-34688
99-3-98-3-355
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 22nd day of September 1999.
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