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:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12745) that:
I. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Friday October 29,1999, particularly but
not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it failed
to assign Norman Blais to Position SA-23 Store Attendant
3pm-l lpm.
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 Friday October 29,
1999, which he would have received had he been properly
assigned.
II. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Friday November 5, 1999, particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Norman Blab to position SA-23 Store
Attendant 3pm-lipm.
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 Friday November 5,
1999, which he would have received had he been properly
assigned.
111. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Wednesday November 17, 1999,
particularly but not limited to Rule 4-A-1(a) and Rule 4-C-1
whenit failed to assign Norman Blais to position SA-23 Store
Attendant 3pm-llpm.
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.
IV. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Thursday December 9,1999, particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 whenit
failed to assign Norman Blais to position SA-23 Store
Attendant 3pm-llpm.
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 Thursday December
9,1999, which he would have received had he been properly
assigned.
V. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Friday December 17,1999, particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Norman Blais to position SA-23 Store
Attendant 3pm-llpm.
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 Friday December 17,
1999, which he would have received had he been properly
assigned.
VI. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday October 4,1999, particularly 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-11pm-
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 October 4,
1999, which he would have received had he been properly
assigned.
VII. 1.Carrier violated Amtrak/TCU Agreement at CR24F Store,
Somerville MA on Wednesday October 6,1999, particularly
Form 1 Award No. 36192
Page 3 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 James Cadman to position SA-23 Store
Attendant 3pm-llpm.
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 Wednesday October
6,1999, which he would have received had he been properly
assigned.
VIII. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Wednesday October 13, 1999,
particularly 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.
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 Wednesday October
13, 1999, which he would have received had he been
properly assigned.
IX. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday October 18, 1999, particularly
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.
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, October
18, 1999, which he would have received had he been
properly assigned.
X. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Thursday, October 21,1999, particularly
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.
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 Thursday, October
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.
XI. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday October 25, 1999, particularly
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.
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 October 25,
1999, which he would have received had he been properly
assigned.
XH. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Wednesday October 27, 1999,
particularly 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.
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 Wednesday October
27, 1999, which he would have received had he been
properly assigned.
XI11. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Tuesday November 9,1999, particularly
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.
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 Tuesday, November
9,1999, which he would have received had he been properly
assigned.
XIV. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday November 22,1999, particularly
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 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.
XV. 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday November 29,1999, particularly
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.
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
29, 1999, which he would have received had he been
properly assigned.
XVI. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Friday December 3,1999 particularly 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.
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 Friday December 3,
1999, which he would have received had he been properly
assigned.
XVII. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Thursday, October 14,1999, particularly
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-lipm.
2. Carrier shall now be required to compensate Harvey
Tiomkin four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) for Thursday, October
14, 1999, which he would have received had he been
properly assigned.
XVIII. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Tuesday October 19, 1999, particularly
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.
2. Carrier shall now be required to compensate Harvey
Tiomkin four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) forTuesday October 19,
1999, which he would have received had he been properly
assigned.
UK 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday December 6,1999, particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Pat Vardaro to position SA-23 Store
Attendant 3pm-llpm.
2. Carrier shall now be required to compensate Pat Vardaro
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) for Monday December
6,1999, which he would have received had he been properly
assigned.
XX. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Thursday December 2,1999 particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Pat Vardaro to position SA-23 Store
Attendant 3pm-llpm.
2. Carrier shall now be required to compensate Pat Vardaro
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) forThursday, December
2,1999, which he would have received had he been properly
assigned.
XXI. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Tuesday November 30,1999, particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Pat Vardaro to position SA-23 Store
Attendant 3pm-llpm.
2. Carrier shall now be required to compensate Pat Vardaro
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) for Tuesday, November
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.
XXiI. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Thursday November 18, 1999,
particularly but not limited to Rule 4-A-1(a) and Rule 4-C-1
when it failed to assign Pat Vardaro to position SA-23 Store
Attendant 3pm-llpm.
2. Carrier shall now be required to compensate Pat Vardaro
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) for Thursday,
November 18, 1999, which he would have received had he
been properly assigned.
XXIH. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Tuesday November 16,1999, particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Pat Vardaro to position SA-23 Store
Attendant 3pm-llpm.
2. Carrier shall now be required to compensate Pat Vardaro
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) for Tuesday, November
16, 1999, which he would have received had he been
properly assigned.
xMV. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Thursday November 4,1999, particularly
but not limited to Rule 4-A-1 (a) and Rule 4-C-1 when it
failed to assign Pat Vardaro to position SA-23 Store
Attendant 3pm-llpm.
2. Carrier shall now be required to compensate Pat Vardaro
four (4) hours at time and one-half rate of the Store
Attendant's position SA-23 ($98.64) for Thursday,
November 4, 1999, which he would have received had he
been properly assigned.
XXV. 1.Carrier violated AmtraklTCU Agreement at CRMF Store,
Somerville MA on Tuesday October 5,1999, 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.
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.
XXV1. 1.Carrier violated AmtraklTCU Agreement at CRMF Store,
Somerville MA on Friday October 8,1999, 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.
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 Friday,
October 8,1999, which he would have received had he been
properly assigned.
XXVII.1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday October 11,1999, 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.
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 Monday,
October 11,1999, which he would have received had he been
properly assigned.
XXVIII.1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Wednesday October 20, 1999,
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.
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 Wednesday,
October 20,1999, which he would have received had he been
properly assigned.
XXIJL 1. Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Wednesday November 3, 1999,
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.
2. Carrier shall now be required to compensate Howard
Besunoyer four (4) hours at time and one-half rate of the
Store Attendant's position SA-23 ($98.64) for Wednesday,
November 3, 1999, which he would have received had he
been properly assigned.
XXX. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Friday November 12,1999, 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.
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 Friday,
November 12, 1999, which he would have received had he
been properly assigned.
XXXI. 1.Carrier violated Amtrak/TCU Agreement at CRMF Store,
Somerville MA on Monday November 15,1999, 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.
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 Monday,
November 15, 1999, which he would have received had he
been properly assigned."
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.
Parties to said dispute were given due notice of hearing thereon.
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:
"RULE 4-A-1 - DAY'S WORK AND OVERTIME
(a) Unless otherwise provided in this Agreement, eight (8) consecutive
hours on duty, exclusive of the meal period, shall constitute a day's
work for which eight (8) hours' pay will be allowed. Time worked
in excess of eight (8) hours in any twenty-four (24) hour period will
be considered as overtime and paid for at the rate of time and onehalf, except that:
s a
RULE 4-C-1- ABSORBING OVERTIME
Employees will not be required to suspend work during regular hours to
absorb overtime."
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
02-3-01-3-348
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.
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
24th
day of September 2002.