Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36105
Docket No. CL-36457
02-3-00-3-688
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 Intermodai Terminals, Inc.
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GIr12671) that:
The following claim is hereby presented to the Carrier in behalf of Claimant Mr.
Paul Campbell.
(a) The Carrier violated the Clerks' Rules Agreement effective July 1,1979,
particularly Rules 24, 40 and other rules when it failed to call and work
Claimant Mr. Paul Campbell for the Extra Gate work, hours 3:00 pas to
6:00 pm, on August 5, 1999 located at the Trail-Van Terminal,
Columbus, Ohio and instead assigned and permitted junior Clerk Mr.
Ed McElroy to perform gate duties at the punitive rate of pay.
(b) Claimant Mr. Paul Campbell must now be allowed eight (8) hours pay
at the appropriate punitive rate of pay for August 5,1999 on account of
this violation.
(c) Claimant is qualified was available and should have been worked in
accordance with Rules 24 and 40 and other rules.
(d) This claim has been presented in accordance with Rule 45 and must be
allowed.
FINI)INGS:
Ile Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form i Award No. 36105
Page 2 Docket No. CL-36457
02-3-00.3-688
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.
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 August 5,1999 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.