Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34068
Docket No. CL-34967
00-3-98-3-658
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
(Transportation Communications International Union
(National Railroad Passenger Corporation (AMTRAK)
"Claim of the System Committee of the Organization (GL-12156) that:
Claim (AM-965) in behalf of Clerk Freddiree Scott:
(A) The Carrier violated the Amtrak Clerks' Rules Agreement
particularly Rules 8, 10 and other Rules when on February 6, 1997
it failed to allow Claimant Freddiree Scott to displace junior
employee Queena Howard from her position of Accounting Clerk
located at 400 N. Capitol Street, NW, Washington, DC.
(B) Claimant now be allowed eight hours pay at $15.08 per hour for
each and every work day starting on February 6, 1997 and
continuing until this time claim is settled. Claimant should be
allowed $15.08 at the punitive rate of time and one half for each and
every hour that Claimant would have been able to work overtime
during the above stated time frame; and finally Claimant should be
placed on the above mentioned position on account of this violation.
Claimant was in bump status, has the fitness and ability to perform
the job and should have been allotted thirty days in which to qualify
as provided by the Agreement.
(D) This claim has been presented in accordance with Rule 25 and
should be allowed."
Form 1
Page 2
Award No. 34068
Docket No. CL-34967
00-3-98-3-658
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.
This is a companion case to Third Division Award 34067. For the reasons set
forth in those findings, this claim is denied.
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 25th day of May, 2000.