Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36684
Docket No. CL-36368
03-3-00-3-614
The Third Division consisted of the regular members and in addition Referee
Dana Edward Eischen when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Duluth, Missabe & Iron Range Railroad Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood (GL-12649)
that:
1. Carrier violated the TCU Clerical Employees' Agreement at
the Transportation Department in Proctor on Thursday,
March 18, 1999, when it did not fill the tag day of the 11:00
p.m. - 7:00 a.m. Ore Sorter Position.
2. Carrier violated the TCU Clerical Employees' Agreement, Rule
20, at the Transportation Department in Proctor when it failed
to timely respond to Local Chairman Ward's appeal dated May
13, 1999.
3. Carrier shall now be required to compensate M. R. Soliday
eight (8) hours pay at pro rata rate of the Ore Sorter position
for Thursday, March 18, 1999, which she would have received
had she been properly called to work this position."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 36684
Page 2 Docket No. CL-36368
03-3-00-3-614
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.
Except for the claim date, the dispute presented in this case is
indistinguishable from the matter decided by the Board in Third Division Award
36682. For reasons explained more fully therein, this claim likewise is denied.
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 August 2003.