Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35946
Docket No. CL-36433
02-3-00-3-667
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-12660) that:
This claim is presented in accordance with Rule 5 of the (off-corridor)
Agreement between the National Railroad Passenger Corporation
(Amtrak) and Employees represented by the Transportation
Communications Union.
Claim is presented on behalf of employee George Pirollo, Roster #64, for
violation of Rule 14 (f) of the aforementioned agreement, in that on
Saturday, December 27, 1997 and Sunday, December 28, 1997, overtime
was worked at the Fort Washington Reservation Sales Office by junior
employees and Mr. Pirollo was not called for either assignment.
On December 16, 1997, I worked my regular tour of duty at Fort
Washington RSO. Prior to my departure this day, I signed the Overtime
Log Book located in the general operations area. I signed all sheets
available (which are only posted seven days in advance), and then went
into the Personnel Office and notified Mrs. Dorothy Esposito, the clerk
responsible for calling overtime, that I was going to be out over the holiday
on a combination of vacation and holidays and wanted to be called for
overtime on the weekends as there were no sheets available to sign.
Although this "sign up" policy contradicts the written agreement, I did in
fact attempt to comply by signing all sheets available.
When I returned after the holidays, I went to Mrs. Esposito to check if
there was, in fact, any overtime worked during these weekends, I was
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advised that overtime was called on December 27 and 28. 1 asked to see
the overtime call sheets to verify if I was called ornot, and when she and
I checked, there was no notation next to my name; I was not called.
1 approached you, Mrs. Robinson on three occasions over a three week
period requesting you check into this matter and resolve the issue. After
the third week, you advised me you would not pay the claim as I had not
"signed up" to work. Even after explaining the aforementioned situation
to you three times, in the most of simplistic terms, you still did not
comprehend that there were no sheets to sign!
The Carrier has violated Rule 14(f) by allowing and permitting:
Dennis Lonnergan, Roster #377 to work on Saturday,
December 27, 1997 from 7:30 am to 12:30 pm.
Evelyn Thompson, Roster #251 to work on Saturday,
December 27, 1997 from 6:00 pm to 11:00 pm.
Evelyn Gautier, Roster #119 to work on Sunday, December
28, 1997 from 7:00 am to 11:00 am.
Evelyn Gautier, Roster #119 to work on Sunday, December
28, 1997 from 11:00 am to 3:00 pm.
Evelyn Thompson, Roster #251 to work on Sunday,
December 28, 1997 from 5:00 pm to 10:00 pm.
Claim is filed on behalf of George Pirollo, Roster #64 for a total of 22
hours pay at the punitive rate for allowing and permitting junior
employees, as noted above, to work overtime assignments while Mr. Pirollo
was available and not called."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
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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 the instant dispute arose, Claimant, G. Pirollo was assigned as a
regular Reservation Sales Agent at the Fort Washington Reservation Sales office in Fort
Washington, Pennsylvania. On Saturday, December 27, and Sunday, December 28,
1997, overtime was required at the office. On those occasions, Clerks junior to the
Claimant were called to work the overtime assignment. The Claimant, thinking he
should have been called to perform the overtime work, filed a claim alleging numerous
Rule violations on the part of the Carrier. He requested 22 hours' pay at the punitive
rate because he was not called to cover the assignments.
The Board reviewed the record in detail and concludes that the Claimant did not
follow established procedures at Fort Washington for making oneself available for
overtime. His request to be called for overtime on December 27 and 28, 1997, was not
in writing, nor was his name signed on any overtime list for the days in question.
The Claimant contends that he is on a permanent overtime list. The Board finds
no evidence of a permanent overtime list. He also contends there was no overtime list
to sign that included December 27 and 28, 1997, so he verbally informed the employee
responsible for calling overtime that he would be available on that weekend. That
procedure is not valid.
Based on the record before it, the Board concludes that the Claimant does not
have a valid claim and it will be denied.
AWARD
Claim denied.
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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 20th day of February, 2002.