Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36387
Docket No. CL-36991
03-3-01-3-603
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-12772) that:
1. The Carrier Northeast Corridor (NEC) violated the rules of the
Agreement, particularly Rule 1, Rule 2-B-1, Rule 3-C-2, among
other applicable rules, as well as the Extra List Agreement, when
it abolished position of Statistical Clerk, SC-13 located at 360 W.
31st Street, New York, New York and assigned the work thereof to
an employee not coming under the scope and coverage of the
parties agreement.
2. The Carrier shall be required to return the work of the abolished
Statistical Clerk, SC-13 position to the scope of the Agreement and
assign such work to a position and employee coming under the
coverage thereof.
3. The Carrier shall be required to compensate employee Dennis Riga
eight hours pay each day at the rate of $136.00 per day
commencing July 31, 2000 and continuing each and every day until
the work of the abolished Statistical Clerk, SC-13 position is
restored to the Agreement, and until the violation is corrected and
proper adjustment is made.
4. This claim has been presented and progressed in accordance with
the appropriate rule of the Agreement and should be allowed."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 36387
Page 2 Docket No. CL-36991
03-3-01-3-603
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.
At the time of the incident that gave rise to this case, Claimant D. Riga was
assigned as a Statistical Clerk in New York City. On July 24, 2000, the Claimant was
notified that his Statistical Clerk position would be abolished on July 31, 2000. On
August 4, 2000, the Organization filed the instant claim. The basic allegation in the
claim was that Amtrak had abolished the Claimant's position and hired outside
temporary employees to perform the work of his abolished position.
The Carrier, on the other hand, contends that the work formerly performed by
the Claimant was eliminated and no longer exists. This resulted from software
enhancements in the Finance Department. It also stated that no temporary employees
were hired to perform work previously performed by the Claimant.
The Board has reviewed the record and has concluded that the Claimant's
position, as well as other clerical positions, was abolished because enhanced computer
systems supplied the needed information. The Statistical Clerk positions were no
longer needed. The Organization's allegation that temporary employees were hired to
perform the duties formerly performed by the Claimant is not supported in the record.
The Claimant has been displaced by the computer system. The Board sees no way to
change that in this instance.
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 18th day of February 2003.