Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36192
Docket No. CL-36789
02-3-01-3-348

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:


STATEMENT OF CLAIM:
































Form 1 Award No. 36192
Page 2 Docket No. CL-36789
02-3-01-3-348
2. Carrier shall now be required to compensate Norman Blais
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98-64) for Wednesday
November 17, 1999, which he would have received had he
been properly assigned.







































Form 1 Award No. 36192
Page 3 Docket No. CL-36789
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but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign James Cadman to position SA-23 Store
Attendant 3pm-llpm.








































Form 1 Award No. 36192
Page 4 Docket No. CL-36789
02-3-01-3-348
21, 1999, which he would have received had he been
properly assigned.










































Form 1 Award No. 36192
Page 5 Docket No. CL-36789
02-3-01-3-348
2. Carrier shall now be required to compensate James Cadman
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) for Monday, November
22, 1999, which he would have received had he been
properly assigned.






































Form 1 Award No. 36192
Page 6 Docket No. CL-36789
02-3-01-3-348
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Harvey Tiomkin to position SA-23 Store
Attendant 3pm-11pm.








































Form 1 Award No. 36192
Page 7 Docket No. CL-36789
02-3-01-3-348
30, 1999, which he would have received had he been
properly assigned.










































Form 1 Award No. 36192
Page 8 Docket No. CL-36789
02-3-01-3-348
2. Carrier shall now be required to compensate Howard
Beaunoyer four (4) hours at time and one-half rate of the
Store Attendant's position SA-23 ($98.64) for Tuesday
October 5,1999, which he would have received had he been
properly assigned.




























Form 1 Award No. 36192
Page 9 Docket No. CL-36789
02-3-01-3-348
particularly but not limited to Rule 4-A-1(a) and Rule 4-C-1
when it failed to assign Howard Beaunoyer to position SA-23
Store Attendant 3pm-llpm.































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. 36192
Page 10 Docket No. CL-36789
02-3-01-3-348

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.




Claimants Beaunoyer, Blais, Cadman, Tiomkin, and Vardaro all hold regularly assigned Store Attendant positions at the CRMF Store, Somerville, Massachusetts. For a period of time in the Fail 1999, Store Attendant position SA-23, 3:00 P.M. - 11:00 P.M., in the CRMF Store was vacant and under advertisement. During that time period, the Carrier used regularly assigned day shift Store Attendants (the five listed Claimants) to perform some of the duties assigned to the SA-23 position. These employees were assigned four hours of overtime work on SA-23 after the completion of the hours of their regular assignment.


The Organization contends that the Carrier cannot cover a vacant eight-hour position by assigning an employee to cover the job for less than eight hours. It argues that if the employees only work four hours, as in the case of the Claimants in this dispute, they must be paid for the full eight hours at time and one-half. The Organization cited Rule 4-A-1 and Rule 4-C-1 as support for its position. Those Rules read in pertinent part as follows:










The Carrier argued that the Agreement language cited by the Organization does not restrict the Carrier from covering a vacant position on a part-time basis. It also cites a number of examples wherein it did just that in the Boston area with no claims from the Organization.

Form 1 Award No. 36192

Page 11 Docket No. CL-36789
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The Board concludes that the Agreement language cited by the Organization does not address the issue at hand; nor can it be interpreted to mean that the Carrier must cover vacant regular positions on an eight-hour basis.


The Carrier's argument that its practice of filling such positions on a part-time basis in the Boston area and the many Awards it cited in support of its position buttress the Board's decision.




      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 24th day of September 2002.