Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35400
Docket No. CL-36255
01-3-00-3-484
The Third Division consisted of the regular members and in addition Referee
Rodney E. Dennis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12629) that:
Please consider this a claim of the District 1089 Protective Committee on
behalf of the (list attached), qualified ticketing agents at South Station,
Boston, MA. The Carrier has violated the current agreement between the
National Railroad Passenger Corporation and the Transportation and
Communications International Union, particularly, but not limited to Rule
1 - Scope paragraph E.
On Wednesday, November 25, 1998 and again on Sunday, November 29,
1998 the Carrier used management and other transportation and
Communications Union personnel to validate tickets at South Station,
Boston, MA. Said employees worked from 7 a.m. - 7 p.m., both days.
Therefore a claim is made for eight (8) hours at the applicable punitive
rate for each agreement covered employee listed.
This claim is presented in accordance with the current Rules Agreement,
is in order, and should be allowed.
Name Seniority Date
G. Steele 04-29-72
L. Steele 06-04-79
L. Monk 04-10-80
L. Varasso 12-31-80
Form 1 Award No. 35400
Page 2 Docket No. CL-36255
01-3-00-3-484
H. Crawford 04-07-82
J. Giblin 02-25-86
E. Thrum 06-22-87
R. Eddins 09-08-87
J. Tsang 04-18-88
I. Hughes 05-10-89
P. Tan 11-29-89
B. Bakrow 01-23-90
E. Reid 02-08-93
W. Connell 08-23-93
D. Stevens 02-01-94
K. Woods 01-21-97
B. Boykin 01-30-97
M. Ouelette 10-06-97
M. Whalen 02-26-98
J. Wemmitt 06-OS-98
L. Kinton 07-06-98
P. Angelo 10-27-98"
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.
On November 25 and November 29, during the 1998 Thanksgiving holiday
season, the Carrier used Management personnel and other Transportation and
Communication Union employees to validate tickets at South Station, Boston,
Massachusetts. These employees worked from 7:00 A.M. to 7:00 P.M. both days.
Form 1 Award No. 35400
Page 3 Docket No. CL-36255
01-3-00-3-484
These two days in November, the Wednesday before and the Sunday after
Thanksgiving, are the Carrier's busiest days of the year. The Carrier states that the
employees were used for crowd control; their main mission was to make sure that
passengers, under the crowded conditions boarded the proper trains. The Organization
contends that this work is work belonging to Ticket Clerks in Boston and that the
employees listed in the Statement of Claim should have been called to work on the days
in question. The Organization frames the issue in this case as a violation of Rule 1
Scope, paragraph (e), of the current Agreement.
The Board reviewed the record and finds that this is not the first time the same
or similar claims have been filed by the Organization. On all occasions in the past, the
claims have been denied on the property or, if progressed to the Board, by the Board.
The Board reviewed an identical claim submitted by the same parties covering the same
location including many of the same Claimants. It denied the claims, rendering a well
reasoned and detailed decision. The Board sees no reason, based on the record before
it, not to adopt in this case the reasoning and decision rendered in Third Division Award
34073.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 26th day of April, 2001.