Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36338
Docket No. CL-36773
02-3-01-3-244
The Third Division consisted
of
the regular members and in addition Referee
Ann S. Kenis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Sea Land Terminals, Inc.
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-12733) that:
I. The following claim is hereby presented to the Company in behalf
of
Claimant Mr. E. D. McElroy.
(a) The Carrier violated the Clerks' Rules Agreement
effective July 1, 1979, particularly Rules 5, 24, 40 and
other rules when it failed to call and work Claimant
Mr. E. D. McElroy for the Intermodal Service
Representative Position, Symbol 152, hours 3:00 pm
to 6:00 pm, on October 13, 1999 located at the
Intermodal Terminal, Columbus, Ohio and instead
assigned and permitted junior employee Mr. W. L.
Foucht to perform this work.
(b) Claimant Mr. E. D. McElroy must now be allowed
eight (8) hours pay at the appropriate punitive rate
of
pay for October 3, 1999 on account of this violation.
(c) Claimant was available to work the Intermodal
Service Representative Position and should have been
called in accordance with Rules 24, 40 and other
rules.
(d) This claim has been presented in accordance with
Rule 45 and must be allowed.
Form 1 Award No. 36338
Page 2 Docket No. CL-36773
02-3-01-3-244
II. The following claim is hereby presented to the Company in behalf
of Claimant Mr. P. R. Campbell.
(a) The Carrier violated the Clerks' Rules Agreement
effective July 1,1979, particularly Rules 5, 24, 40 and
other rules when it failed to call and work Claimant
Mr. P. R. Campbell for the Intermodal Service
Representative Position, Symbol 151, hours 3 pm to 6
pm on October 15, 1999 located at the Intermodal
Terminal, Columbus, Ohio and instead assigned and
permitted junior employee Mr. E. D. McElroy to
perform this work.
(b) Claimant Mr. P. R. Campbell must now be allowed
eight (8) hours pay at the appropriate punitive rate of
pay for October 15, 1999 on account of this violation.
(c) Claimant was available to work the Intermodal
Service Representative Position and should have been
called in accordance with Rules 24, 40 and other
rules.
(d) This claim has been presented in accordance with
Rule 45 and must be allowed.
IM. The following claim is hereby presented to the Company in behalf
of Claimant Mr. P. R. Campbell.
(a) The Carrier violated the Clerks' Rules Agreement
effective July 1, 1979, particularly Rule 5, 24, 40 and
other rules when it failed to call and work Claimant
Mr. P. R. Campbell for the Intermodal Service
Representative Position, Symbol 151, hours 3 pm to
5:30 pm on November 2, 1999 located at the
Intermodal Terminal, Columbus, Ohio and instead
assigned and permitted junior employee Mr. E. D.
McElroy to perform this work.
Form 1 Award No. 36338
Page 3 Docket No. CL-36773
02-3-01-3-244
(b) Claimant Mr. P. R. Campbell must now be allowed
eight (8) hours pay at the appropriate punitive rate of
pay for November 2, 1999 on account of this violation.
(c) Claimant was available to work the Intermodal
Service Representative Position and should have been
called in accordance with Rules 24, 40 and other rules.
(d) This claim has been presented in accordance with
Rule 45 and must be allowed.
IV. The following claim is hereby presented to the Company in behalf
of Claimant Mr. P. R. Campbell.
(a) The Carrier violated the Clerks' Rules Agreement
effective July 1, 1979, particularly Rules 5, 24, 40 and
other rules when it failed to call and work Claimant
Mr. P. R. Campbell for the Intermodal Service
Representative Position, Symbol 152, hours 3 pm to 6
pm on November 18, 1999 located at the Intermodal
Terminal, Columbus, Ohio and instead assigned and
permitted junior employee Mr. W. L. Foucht to
perform this work.
(b) Claimant Mr. P. R. Campbell must now be allowed
eight (8) hours pay at the appropriate punitive rate of
pay for November 18, 1999 on account of this
violation.
(c) Claimant was available to work the Intermodal
Service Representative Position and should have been
called in accordance with Rules 24, 40 and other rules.
(d) This claim has been presented in accordance with
Rule 45 and must be allowed.
V. The following claim is hereby presented to the Company in behalf
of Claimant Mr. P. R. Campbell.
Form 1 Award No. 36338
Page 4 Docket No. CL-36773
02-3-01-3-244
(a) The Carrier violated the Clerks' Rules Agreement
effective July 1, 1979, particularly Rules 5, 24, 40 and
other rules when it failed to call and work Claimant
Mr. P. R. Campbell for the Intermodal Service
Representative Position, Symbol 152, hours 3 pm to 5
pm on November 8, 1999 located at the Intermodal
Terminal, Columbus, Ohio and instead assigned and
permitted junior employee Mr. W. L. Foucht to
perform this work.
(b) Claimant Mr. P. R. Campbell must now be allowed
eight (8) hours pay at the appropriate punitive rate of
pay for November 8, 1999 on account of this violation.
(c) Claimant was available to work the Intermodal
Service Representative Position and should have been
called in accordance with Rules 24, 40 and other rules.
(d) This claim has been presented in accordance with
Rule 45 and must be allowed.
VI. The following claim is hereby presented to the Company in behalf
of Claimant Mr. P. R. Campbell.
(a) The Carrier violated the Clerks' Rules Agreement
effective July 1,1979, particularly Rules 5, 24, 40 and
other rules when it failed to call and work Claimant
Mr. P. R. Campbell for the Intermodal Service
Representative Position, Symbol 152, hours 3 pm to 6
pm on November 22, 1999 located at the Intermodal
Terminal, Columbus, Ohio and instead assigned and
permitted junior employee Mr. M. G. Martin to
perform this work.
(b) Claimant Mr. P. R. Campbell must now be allowed
eight (8) hours pay at the appropriate punitive rate of
pay for November 22, 1999 on account of this
violation.
Form 1 Award No. 36338
Page 5 Docket No. CL-36773
02-3-01-3-244
(c) Claimant was available to work the Intermodal
Service Representative Position and should have been
called in accordance with Rules 24, 40 and other rules.
(d) This claim has been presented in accordance with
Rule 45 and must be allowed."
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.
In this docket the Carrier failed to file an Ex Parte Submission, and its failure to
do so leaves the positions, assertions and proofs of the Organization, which adequately
support its claim that the Agreement was violated, unchallenged and uncontroverted.
The claim must therefore be sustained as presented.
(See Third Division Awards 14891, 24020, 24021, 24037, 24352, 26525, 30270 and
31793 et al, for a similar conclusion when the Carrier failed to file a Submission with
the Board.)
AWARD
Claim sustained.
Form 1 Award No. 36338
Page 6 Docket No. CL-36773
02-3-01-3-244
ORDER
This Board, after consideration of the 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 26th day of December 2002.