Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36417
Docket No. CL-37118
03-3-02-3-60
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-12788) that:
(A) The Carrier violated the Amtrak-Northeast Corridor Clerk's Rules
Agreement, particularly Rule(s) Appendix E, Article 6, paragraph
A, other rules that may apply when the Carrier failed to work
Claimant Louise Laham, but instead worked junior employee Sonya
Martin on position BAC-800 on August 24th, 2000 and August 28th,
2000 at the executive office located at South Boston station.
(B) Claimant Louise Laham now be allowed eight (8) hours pay at the
punitive rate of $19.12 per hour for August 24, 2000 and August 28,
2000.
(C) Claimant was available and should have been allowed to work in
accordance with the Rules Agreement.
(D) This claim has been presented in accordance with Rule 25 and
should be allowed."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Thi: carrier or carriers and the employee or employees involved in this dispute
are respe aively 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.
Form 1 Award No. 36417
Page 2 Docket No. CL-37118
03-3-02-3-60
The claim in this instance is simple and straightforward. The Carrier is accused
of not calling Claimant Louise Laham on August 24 and 28, 2000 to work vacancies in
the Executive Office in Boston, Massachusetts. Instead, it used an employee junior to
the Claimant to cover the assignment.
The claim was written up and sent to Dan Rampino on September 28, 2000. On
October 2, 2000, he responded to the TCU District Chairman informing him that he was
not the Claimant's Supervisor and the claim should not have been initially filed with
him. In his letter he noted the name and address of the Claimant's Supervisor. The
claim was not sent to the Claimant's Supervisor, but was processed by the Organization
instead as
if
it had been correctly filed at the outset. The Carrier took the position
throughout the handling of the case that the claim was not valid because it was filed with
the wrong person.
After a review
of
the record, the Board has concluded that the claim was not
properly filed and it is therefore dismissed.
AWARD
Claim dismissed.
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 17th day of March 2003.