Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36099
Docket No. CL-36451
02-3-00-3-682
The Third Division consisted of the regular members and in addition Referee
John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Intermodal Terminals, Inc.
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12665) that:
The following claim is hereby presented to the Carrier in behalf of
Claimant Mr. P. R. Campbell.
(a) The Carrier violated the Clerks' Rules Agreement effective July 1,
1979, particularly Rules 24(f), or 24(g), 40 and other rules when it
failed to call and work Claimant Mr. P. R. Campbell for position of
Extra Gate Clerk work, hours 3:00 pm to 6:00 pm, on June 29,
1999, located at the Trail-Van Terminal, Columbus, Ohio, and
instead assigned and permitted junior Clerk Mr. E. D. McElroy to
work Extra Gate Clerk duties on this date at the punitive rate of
pay.
(b) Claimant Mr. P. R. Campbell must now be allowed eight (8) hours
pay at the appropriate punitive rate of pay for June 29, 1999 on
account of this violation.
(c) Claimant is qualified was available and should have been worked in
accordance with Rules 24 and 40.
(d) This claim has been presented in accordance with Rule 45 and must
be allowed."
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. 36099
Page 2 Docket No. CL-36451
02-3-00-3-682
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 facts underlying the instant claim are identical to the facts in Third Division
Award 36098. The only difference is the date of the claim and the precise amount of
time that the incumbent Intermodal Service Representative performed overtime work
contiguous to the incumbent's regular assignment. In this case, the incumbent
performed overtime service due to traffic congestion at the inbound gate on June 29,
1999 from 3:00 P.M. to 6:00 P.M.
In Award 36098 the Board held that the Organization failed to meet its burden
of proving that the Carrier violated Rules 24 and 40 of the Agreement. For the reasons
more fully set forth in that Award we must deny this claim.
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 22nd day of July 2002.