Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35819
Docket No. MS-36043
01-3-00-3-200
The Third Division consisted of the regular members and in addition Referee
Rodney E. Dennis when award was rendered.
(William J. Halstead
PARTIES TO DISPUTE:
(New Jersey Transit Rail Operations, Inc.
STATEMENT OF CLAIM:
"(a) The Carrier violated the New Jersey Transit Clerks Rules
Agreement, particularly Rules 1, 19(t), or 19(g), 25, 28, 31 and
other rules when it assigned the responsibility of accepting Vacation
Change Bid requests (see attached form) from Engineers and
Assistant Engineers to Claimant, William J. Halstead, Crew Caller,
Symbol D223, 3:59 PM, to 11:59 PM, Wednesday through Sunday,
One Penn Plaza East, Newark, NJ, during his tour
of
duty on April
23, 1998.
(1) It has long been established, since January 1, 1996,
that the handling
of
such requests was a function
assigned to the Manager of Crew Assignments. The
attached form itself indicates that such requests
should be forwarded to the aforementioned for
processing.
(2) However, should the Manager
of
Crew Assignments
or his superiors wish to delegate this function to Crew
Callers' positions, then we have to ask that these
responsibilities be added to the Crew Callers'
positions in accordance with the applicable Rules (28
and 31)
of
our Agreement with the Carrier.
(b) The Organization contends that, the duties performed by Mr.
Halstead on April 23, 1998 were not a normal part
of
his job
Form 1 Award No. 35819
Page 2 Docket No. MS-36043
01-3-00-3-200
description, and therefore, the performance
of
such duties were in
violation
of
the current Rules Agreement.
(c) The Organization now request that Claimant, W. Halstead, be
compensated an additional 8hrs pay at the overtime rate
of
$28.46
per hour for April 23, 1998, for the performance
of
duties outside
the scope
of
his position.
(d) This claim is presented in accordance with Rule 41
of
the
Agreement between the parties and should be allowed."
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.
At the time of the dispute that gave rise to this case, the Claimant was employed
as a Crew Caller on the 3:59 P.M. to 11:59 P.M. shift at One Penn Plaza East, Newark,
New Jersey. During his tour of duty on April 23, 1998, the Claimant was required to
complete a vacation bid request form on behalf of a Locomotive Engineer and forward
the form to the Crew Office Assignment Clerk for further handling. As a result of being
required to perform this task, the instant claim was filed.
The Claimant contends, among other things, that the work in question was work
normally handled by non-Agreement employees, and directing him to perform it was a
violation
of
numerous Agreement Rules. As such, he contends that he is entitled to an
additional day's pay at the overtime rate.
Form 1 Award No. 35819
Page 3 Docket No. MS-36043
01-3-00-3-200
The claim was denied at all levels. The Carrier asserted that the duties
complained of are incidental to the Claimant's job assignment and that no Agreement
violation of any type occurred.
After a review of the record and the numerous on-property Awards presented by
the Carrier in support of its position (Third Division Awards 35555, 35556, 35557 and
35558) the Board is compelled to conclude that the claim should be denied.
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 14th day
of
November, 2001.