Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36774
Docket No. CL-37168
03-3-02-3-127
The Third Division consisted of the regular members and in addition Referee
Rodney E. Dennis_when awardwas 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-12800)
that:
The Carrier violated the Amtrak Northeast Corridor Clerks Rules
Agreement on August 2, 2000, particularly Rule 1, Rule 3-C-2, 3-D1, 4-A-5, 2-A-5, and other rules of the Agreement when it
disqualified Claimant Burget Belgrave, for no apparent reason, as
according to attached Interoffice Memo, dated August 2, 2000, SCl
(Secretary) Job Symbol No. SECI-3, rate of pay $18.08 hourly
($144.64) per day, located at 360 W. 31 St. Metropolitan Division
Engineering Department, effective August 2, 2000, and then hired
and assigned duties of that position (SCI) to a Temporary Help
agency on August 3, 2000, on a continual basis.
Claimant Burget Belgrave now be restored to position of (SCI) Job
Symbol No. SECT-3, and paid eight (8) hours pay at the pro-rata rate
of $144.64 per day commencing August 2, 2000, and continuing for
each and every work day thereinafter until this violation is
corrected.
In order to terminate this claim, said clerical work must be returned
to employees covered by the Clerks Agreement, and Claimant
Burget Belgrave be restored to CI-3.
Form I Award No. 36774
Page 2 Docket No. CL-37168
03-3-02-3-127
This claim has been presented in accordance with Rule 25,
Grievances, from the Off Corridor Clerks Agreement dated June
1998, and should 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.
Claimant Burget Belgrave was awarded the position of Secretary 1 in the
New York Engineering Department on July 12, 2000. She was disqualified from the
position on August 2 and a claim protesting the disqualification was filed on August
4, 2000: The claim was discussed at all levels and denied by the Carrier. It is now
before the Board for final and binding resolution.
The Board reviewed the record. Based on the documentation contained
therein, we are compelled to conclude that the Carrier had sufficient substantive
justification for disqualifying the Claimant from the Secretary 1 position. But in
processing the disqualification, the Carrier failed to follow the procedure of holding
a discovery conference with the Claimant prior to her disqualification. It appears
from the record that the required conference was held on August 7, 2000, five days
after the actual disqualification. Based on the Carrier's failure to appropriately
follow the Rules in this instance, the Board has concluded that the Claimant should
be awarded five days' pay at the straight time rate.
Form 1 Award No. 36774
Page 3 Docket No. CL-37168
03-3-02-3-127
AWARD
Claim sustained in accordance with the Findings.
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 29th day of December 2003.