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:



STATEMENT OF CLAIM :










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.




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.








This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.



                      By Order of Third Division


Dated at Chicago, Illinois, this 29th day of December 2003.