Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36783
Docket No. CL-37337
03-3-02-3-316
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-12885) that:
1) Carrier violates the Agreement on Sunday August 13, 2000, when
it fails to compensate an employee the proper travel pay for being
held on a former position.
2) Carrier shall now be required to compensate William Martucci
$34.00 per day and $5.00 per day commencing with the above
date and continue until this dispute is settled.
3) Carrier allowed the position Claimant had bid temporary
(TC647-Providence) to be bumped by a senior unqualified
employee and then stopped payment of compensation mentioned
in item 2 of this dispute."
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.
Form 1 Award No. 36783
Page 2 Docket No. CL-37337
03-3-02-3-316
Parties to said dispute were given due notice of hearing thereon.
At the time of the incident that gave rise to this case, the Claimant held a
position as a Ticket Clerk at the South Station Ticket Office, Boston, Massachusetts.
While on the position, the Claimant bid a temporary position in the Providence, Rhode
Island, Ticket Office. He was awarded the job, but not released to occupy it. He was
held in Boston to train the Clerk who would replace him. Before the Claimant was
allowed to move from Boston to Providence, he was bumped from the Providence
position. The Carrier chose to keep the Claimant in Boston on his original position.
While the Claimant was held in Boston to train his replacement, he was paid
$34.00 per day travel and a $5.00 penalty. When he was bumped from the temporary
Providence position, the Carrier stopped paying the additional money. The
Organization filed the instant claim contending that the Claimant was denied the
opportunity to train his replacement in Providence. The Carrier denied the claim.
The Board reviewed the record and has concluded that an equitable adjustment
to this dispute would be to pay the Claimant one day's pay at the straight-time rate.
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.