Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36780
Docket No. CL-37265
03-3-02-3-283
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-12817) that:
1. The Carrier violated the rules of the parties' Agreement dated
July 27, 1976, effective September 1, 1976, particularly Rule 1
Scope, Rule 5-C-1 (Appendix E), among other applicable rules on
December 4, 2000, when it failed to fill position of 7:30 a.m.
Accounting Clerk vacated by the incumbent, who on said date
was required to fill position of Lead Baggageman (Supervisor
position).
2. The Carrier shall be required to compensate senior, available,
qualified employee C. Rivera for eight (8) hours at time and
one-half rate for December 4, 2000 account of failure to call and
use him on the 7:30 a.m. Accounting Clerk assignment.
3. This claim has been presented and progressed in accordance with
provisions of Rule 7-B-1 of the Agreement and should be
allowed."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 36780
Page 2 Docket No. CL-37265
03-3-02-3-283
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.
On December 4, 2000 the Carrier used a Statistical Clerk in Penn Station, who
occupied a 7:30 A.M. assignment, to work in a Lead Baggageman Vacancy-10
management position. The Carrier blanked the Statistical Clerk's position on
December 4. The Organization filed the instant claim contending that Clerk C. Rivera,
the Claimant, was the most senior qualified employee available to fill the 7:30 A.M.
Account Clerk assignment left vacant on December 4. The Carrier denied the claim as
having no Agreement support.
The Board reviewed the record and is compelled to endorse the Carrier's
position. No Agreement language or past practice prevents the Carrier from blanking
a position left vacant by a temporary promotion of the incumbent. The Organization
has not supported its claim in this instance.
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.