Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36024
Docket No. CL-36701
02-3-01-3-238
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 (GLr12731) that:
(1) Carrier violated the Agreement on Saturday, September 4, 1999
and again on Monday, September 6, 1999 when it failed to call an
employee from an extra list after making numerous calls to fill these
particular regular positions from their first call list.
(2) Carrier shall now be required to compensate Evelyn Thrum for
three (3) separate vacancies.
(a) Saturday - September 4, 1999 - TC633 was available
and according to the call sheet (Attached, exhibit "A")
fifteen (15) employees were called and asked to fill this
vacant position, and did not accept. Claimant, Ms.
Thrum, was available and had both told the
supervisor (D. Stoick) verbally and in writing she
wanted extra work when her seniority prevailed.
Claimant had to put it in writing according to the
rules because she is at this time working a position in
another extra board territory and only allowed to
work this particular Board after Carrier exhausts
their primary list of employees (from their own
board). The compensation for this vacancy shall be at
the time and one-half rate of a ticket clerk position
(140.16) for Saturday, September 4, 1999, which
Claimant, E. Thrum, would have received had she
been properly called.
(b) Saturday - September 4,1999 - JN623 - was available
and according to the call sheet (Attached as exhibit
"B") eleven (11) employees were called and asked to
fill this vacancy, none accepted as is clearly shown
with the evidence provided. Carrier will now
Form 1 Award No. 36024
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02-3-01-3-238
compensate E. Thrum for this vacancy at the time and
one-half rate of a Janitor's position (114.24) for
Saturday, September 4, 1999, which she would have
received had she been properly called.
(c) Monday - September 6, 1999 - TC642 - was available
and according to the call sheet (Attached, as exhibit
"C") five (5) employees were called and asked to fill
this vacancy, it appears one employee accepted the
position and then withdrew (name is crossed out).
Carrier will now compensate E. Thrum eight (8) hours
pay at the time and one-half rate of a ticket clerk
(140.16) for Monday, September 6, 1999, which she
would have received had she been properly called."
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.
Claimant Thrum worked as a Clerk in Providence, Rhode Island. She
transferred to a position in Boston, Massachusetts. Prior to her departure to Boston,
she informed local supervision in writing that she would like to remain on the overtime
list for the Providence and Kingston Stations. On October 24, 1999, a claim was filed
by the Claimant alleging that she had been bypassed for three possible vacancies on
September 4 and one on September 6, 1999. The claim was denied at all levels on the
property and was placed before this Board for resolution.
The Board reviewed the record and has concluded that each of the positions
alleged by the Claimant that she should have been called for were filled by the
Providence incumbents. A dispute arose over the issue of the Carrier not supplying the
Organization with Force Sheets so that it could check the work status of each of the
incumbent employees whom the Carrier claimed had worked the jobs in question. The
Carrier never supplied the records requested. The Board is of the opinion that
cooperation with the Organization on this issue would have been more desirable than
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02-3-01-3-238
what took place. In the final analysis, however, a claim such as this is the
Organization's obligation to prove. It has not done so in this instance.
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 21st day of May, 2002.