Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36152
_ Docket No. CL-36801
02-3-01-3-359
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-12747) that:
(1) Carrier violated the Agreement Friday, February 11, 2000 when it
failed to properly assign the Extra Board to a vacant position
vacated by the incumbent, which in turn violates the rights of an
incumbent to work his position which he would have been available
for had the original position been filled properly.
(2) Carrier shall now be required to compensate David Borden one
day's pay at his protected straight-time rate ($17.00 per hour) for
Friday, February 11, 2000 which he would have received had he
been properly called and utilized for position RC812, hours of
assignment 11:30 pm to 8:30 am.
(3) Carrier shall now be required to compensate Michael Mirabella
(incumbent BG833) one-day's pay at the time and one-half rate of
his protected rate ($17.00 per hour) for Saturday, February 12,
2000, which he would have received had he 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.
Form 1 Award No. 36152
Page 2 Docket No. CL-36801
02-3-01-3-359
Based upon a review of the record before the Board, we conclude that the
Organization's position in this instance is correct and that the claim should be paid. The
Board therefore directs that the Claimants each be paid eight hours at the straight time
rate as a resolution of this dispute.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration ofthe dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 20th day of August 2002.