Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33617
Docket No. CL-33654
99-3-97-3-136
The Third Division consisted of the regular members and in addition Referee
John B. LaRocco 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 (GL-11696)
that:
This claim is on behalf of Ms. Beverly Myers, Clerk, Collections
Department, Boston and Maine Corporation (Springfield Terminal
Railway Company). This Claim [sic] is for the following dates: June 7, 8,
9, 12, 13, 14, 15, 16, 19, 20, 21, 26, 27, 28 and 30, 1995. Claim is for four
(4) hours at the rate of time and one-half.
Carrier is violating the agreement when it took customers that Mrs.
[sic] Myers was handling and gave the work to a non-agreement employee.
The non-agreement employee is doing scope clerical work in the collections
department each of the days listed above.
Rule 1 of the Agreement was violated, Carrier is allowing a nonagreement employee to perform Ms. Mye
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.
Form 1
Page 2
Award No. 33617
Docket No. CL-33654
99-3-97-3-136
This Division of the Adjustment Board has jurisdiction over the dispute involved
.,o
herein.
Parties to said dispute were given due notice of hearing thereon.
In this case, the Carrier candidly conceded that it breached the applicable
Agreement when it assigned certain clerical work to employees not covered by the Scope
of
the Agreement on each
of
15 days in June 1995. Claimant, a Clerk in the Collections
Department at North Billerica, Massachusetts, seeks four hours
of
overtime pay for each
of
the 15 days.
The issue in this case is what is the appropriate remedy.
After carefully reviewing the entire record as well as numerous precedents cited
by both parties, the Board concludes that the property remedy is four hours
of
straighttime pay for each claim date.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 16th day of November 1999.