Form 1

NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

Award No. 35942
Docket No. CL-36382
02-3-00-3-601

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-12645) that:

(a) Carrier violated the Agreement on the following dates by requiring



Wednesday April 29, 1998
Thursday April 30, 1998
Friday May 1, 1998
Monday May 4, 1998
Tuesday May 5, 1998
Wednesday May 6, 1998
Friday May 8, 1998
Monday May 11, 1998

Tuesday May 12, 1998
Wednesday May 13, 1998
Thursday May 14, 1998
Friday May 15, 1998
Monday May 18, 1998
Tuesday May 19, 1998
Wednesday May 20, 1998

(b) Claim is made for the difference between Claimant's hourly rate of



(c) Claim has been presented in accordance with Rule 25 and should be


FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, rinds that:
Form 1 Award No. 35942
Page 2 Docket No. CL-36382
02-3-00-3-601

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 this dispute arose, Claimant, J. Meschler, was assigned as a Bid and Bump Verification Clerk at Amtrak's Central National Operation Center in Wilmington, Delaware. On a number of days in April and May 1998, the Claimant was required by the Carrier to work as a floater in the Verification Department. The Organization contends that the work being performed by the Claimant was work normally performed by a partially exempt employee. The rate of pay for such work is $16.08 per hour. The Claimant, however, was not paid this rate, but continued to receive her ordinary rate of $15.54 per hour. The Organization seeks the pay differential for all hours worked by the Claimant as a floater.


The Board reviewed the record as presented and is compelled, based on that review, to deny the instant claim. There is no evidence contained therein to establish just what duties the Claimant performed while working as a floater. There is no evidence in the record to establish that the work the Claimant performed was work belonging to a position that paid $16.08 per hour. The Organization has not presented the minimum information needed to support such a claim.








This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.



                      By Order of Third Division


Dated at Chicago, Illinois, this 20th day of February, 2002.