Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33834
Docket No. CL-33254
99-3-96-3-722
The Third Division consisted
of
the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
( CSX Transportation, Inc. (former Seaboard Coast Line
( Railroad Company)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-11454) that:
1. Carrier violated the Agreement on Thursday, July 13, 1995, when
it held Clerk C. N. McKee, ID 624292, off regular assigned Position
No. 102, on duty at 0700 hours, to work assignment No. 200, on duty
at 1500 hours.
Carrier shall now be required to pay Claimant eight (8) hours at the
pro-rata rate."
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.
Parties to said dispute were given due notice
of
hearing thereon.
Form 1
Page 2
Award No. 33834
Docket No. CL-33254
99-3-96-3-722
On July 13, 1995, Claimant was assigned to work his regular position (starting
time 7:00 A.M.) at the Carrier's Beaver Street Tower in Jacksonville, Florida. The
Carrier held Claimant off his assigned position and directed Claimant to protect another
position (starting time 3:00 P.M.) that became vacant as a result of the incumbent's
marking off to take medical tests. The incumbent marked off for July 13 on July 10,
1995. All positions at Beaver Street Tower are covered by Hours of Service Act
requirements. Claimant was paid time and one-half for working the vacant position.
In this claim, the Organization seeks payment for Claimant for eight hours because, due
to Hours of Service Act requirements, he was unable to work his regular position.
First, contrary to the position of the Carrier, we do not find that the Organization
changed its claim. The thrust of the Organization's position throughout has been that
Claimant was not permitted to work his regular assignment and should be compensated.
Second, Rule 65 provides:
"Regularly assigned employees will not be required to perform relief work
except in cases of emergency and when required to perform relief work,
and in consequence thereof suffer a reduction in regular compensation,
shall be paid an amount sufficient to reimburse them for such loss. If any
such employee would receive time and one-half rate through the
application of Rule 20, on any day such work is performed the time and
one-half rate shall apply on that day or days."
The record does not indicate any conditions existed on July 13, 1995 that
constituted an emergency under Rule 65. The Carrier was aware of the vacancy for
July 13 on July 10, 1995 when the incumbent of the 3:00 P.M. position marked off.
Under the circumstances, Claimant is therefore entitled to compensation for not being
allowed to work his regular assignment. See Third Division Award 27936 and Awards
cited therein ("It appears that most recent Awards (see Third Division Awards 22393,
24071, 24921) have decided that when Claimants are used by the Carrier to cover
assignments that put them in conflict with the Hours of Service Law, they should be paid
for not being allowed to work a regular assignment.").
Form 1
Page 3
Award No. 33834
Docket No. CL-33254
99-3-96-3-722
AWARD
Claim sustained.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) 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 21st day
of
December 1999.