Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36777
Docket No. CL-37207
03-3-02-3-117
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-12796) that:
(A) The Carrier violated the Amtrak Northeast Corridor Clerk's
Rules agreement, particularly Rule(s) the Extra List, 4-A-4 and 4A-1 and other rules that may apply when the Carrier failed to
work Claimant Debbi Hoeler from working the Desk Clerk
position, symbol No. RCK-4 at New York Penn Station on August
25, 2000.
(B) Claimant Debbi Hoeler now be allowed eight (8) hours pay at the
punitive rate of $144.64 per day for August 25, 2000.
(C) Claimant was available and should have been allowed to work in
accordance with 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:
Form I Award No. 36777
Page 2 Docket No. CL-37207
03-3-02-3-117
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 this dispute, D. Hoeler was working as an Usher at Penn Station,
in New York City. On the day cited in the instant claim, the regularly assigned
employee of Position RCK-4, Desk Clerk (12:00 P.M. - 8:30 P.M.) in the Customer
Service Department in Penn Station, New York City, was promoted to a special
assignment. On the date in question, the Carrier blanked Position RCK-4 rather than
till it from the Extra List or by overtime. As a result of the Desk Clerk position being
blanked, on August 25, 2000, the Claimant filed this claim. She alleged that the Carrier
had diverted the regularly assigned Desk Clerk position RCK-4 and failed to fill the
vacant position by assigning her on an overtime basis.
For the same reasons set forth in companion Third Division Award 36775 the
instant claim 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 29th day of December 2003.