Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36028
Docket No. CL-36780
02-3-01-3-338
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-12744) that:
(1) The Carrier violated the Northeast Clerks' Agreement, particularly
Rule 1, The Scope Rule, when on August 3, 1998, the Carrier
removed Claimant from the position of Inventory Control Clerk _
located in Car Shop 1. Claimant had been working this position for
approximately four (4) months and was waiting for a written
agreement between Ms. B.J. Blair, Director
of
Labor Relations and
Mr. A. C. Desmond, Division Chairman. Mr. Desmond and Mr.
Ketter already had a verbal agreement regarding the job title,
duties, and rate
of
pay, and were waiting for the official
documentation to come out
of
Labor Relations. Claimant was still
waiting for this documentation when the Carrier removed him from
the position and awarded it to M
of W
Repairman, Glen Nichols.
(b) Claimant should now be allowed the difference
between his rate
of
pay ($15.37/hour) and Mr.
Nichols' rate
of
pay ($18.02/hour) - $2.65/hour - as
well as any overtime worked by Mr. Nichols, from
August 3, 1998 until this claim is settled.
(c) Claim filed in accordance with Rule 25 and should be
allowed as presented."
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.
Form 1 Award No. 36028
Page 2 Docket No. CL-36780
02-3-01-3-338
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Board reviewed the record in detail. It establishes that the Claimant worked
a part ordering position for just over two months. He was paid an hour differential for
the time he worked in the position for a total of $681.53. There was a dispute as to
which craft the work performed by the Claimant belonged. That dispute must be
resolved by the Organizations involved and the Carrier's Labor Relations Department.
The Claimant in this case has been paid for the work in a higher level position.
The issue of to whom the job in question belongs cannot be settled here.
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.