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.
At the time of the incident that gave rise to his case, Claimant J. Biehl was employed by the Carrier as a Station Cleaner at Amtrak's 30th Street Station in Philadelphia, Pennsylvania. On June 17, 1997, the Organization filed a claim alleging that the Claimant had not been called for an overtime assignment as a Cleaner at the 30th Street Station and that a less senior employee was called to work the overtime. The claim was denied by the Carrier and has been placed before the Board for resolution.
The Carrier in this instance contends that the Claimant was called for the assignment. It presented a Building Maintenance Overtime List indicating "no" penciled in on the Claimant's line.
The Organization countered this position by claiming that the lists presented were inaccurate, contained inaccurate dates, lacked information concerning the time the Claimant may have been called, who made the call, and the like. These comments were essentially unanswered by the Carrier.
As a result of reviewing this record, it is the Board's opinion that the documents presented by the Carrier as Call Sheets are woefully inadequate to pass as business records that can be used to help support the position that the Carrier properly called the Claimant. The very fact that the sheets submitted by the Carrier to support its position were dated March 18, 1997 and the call in question was supposed to have taken place on April 19, 1997 is sufficient grounds on which to sustain this claim.
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.