Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33596
Docket No. CL-33235
99-3-96-3-705
The Third Division consisted
of
the regular members and in addition Referee
Edwin H. Berm when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Illinois Central Railroad
STATEMENT OF CLAIM:
"Claim
of
the System Committee of the Organization (GL-11440) that:
(1) Carrier violated the Agreement between the Parties when on
August 8, 1995, and subsequent dates, it reduced the Employee
Maintenance Rate (EMR) of Ms. E. S. Hedleston by the difference
between a Wage Grade Level 9 and a Wage Grade Level 8, or $6.18
per day.
(2) Carrier shall now be required to restore Ms. Hedleston's EMR to
her rate prior to August 8, 1995, adjusted for wage increases, and
compensate her $6.18 per day, and $9.27 per day for an overtime
day, effective August 8, 1995, and continuing for each date worked
thereafter, until her EMR is restored."
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 1
Page 2
Award No. 33596
VW
Docket No. CL-33235
99-3-96-3-705
Parties to said dispute were given due notice
of
hearing thereon.
Claimant, an employee since February 1972, became a protected employee in
August 1972 as a result
of
a merger. In 1989, Claimant was transferred from Memphis
to Homewood, Illinois, as an Administrative Clerk (wage grade level 9) and earned more
than her applicable guaranteed rate.
In accord with a bid, on July 26, 1995, Claimant was awarded the position
of
Assistant TOFC Dispatcher at Memphis (wage grade level 8) effective August 8, 1995.
Upon Claimant's assuming that position, the Carrier offset Claimant's applicable
guaranteed rate by $6.18 per day - the difference between wage grade levels 9 and 8.
This claim followed.
Claimant voluntarily bid on the lower-rated Memphis position based upon her
preference in job and location. This was not a displacement. There is no provision in
the relevant Rules that permits Claimant to voluntarily bid to a lower-rated position in
this fashion and not be subject to the reduction.
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 16th day of November 1999.