Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36195
Docket No. CL-36845
02-3-01-3-430
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-12755) that:
(a) The Carrier violated the Amtrak Corporate Clerical Rules
Agreement effective July 21,1972, as revised, particularly Rule 5,
8 and other rules, when it refused to allow Claimant Guanay her
right to displace a junior employee, Kathl Brennan, from position
of Secretary, Marketing Department, location Albany/Rensselaer,
NY, as requested in writing on May 23, 2000.
(b) On May 23, 2000, Claimant Gaunay was advised by Mr. M.W.
Hollister that Mr. Harry Bachrach would not allow the
displacement.
(c) Claimant Gaunay was qualified, including having the appropriate
fitness and ability, to perform the duties of the involved position
and the Carrier should have allowed her displacement onto the
involved position.
(d) Claimant Gaunay should now be allowed an additional eight (8)
hours punitive pay, based on the pro rata rate of the involved
position, as well as any overtime earned by the involved junior
employee or her successor, commencing May 23, 2000 and
continuing for each and every day thereinafter, until this violation
is corrected to the employee's satisfaction.
(e) In order to terminate this claim, Claimant must be assigned to the
position.
(f) This claim has been presented in accordance with Rule 25 and
should be allowed."
Form 1 Award No. 36195
Page 2 Docket No. CL-36845
02-3-01-3-430
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.
This is not the first case the Claimant has had where she was denied a position
because she could not meet the typing requirement of 60 words per minute. The Board
reviewed this record and concludes that the Claimant should be told that if she can
improve her typing skills to 54 words per minute she will be allowed to displace on jobs
requiring 60 words per minute. She will then be given 30 days to qualify on the job.
The Board applauds the Claimant's desire to improve her position with the Carrier.
The speed by which she accomplishes her promotion is up to her.
AWARD
Claim denied.
ORnFR
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the C7aimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of September 2002.