Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36784
Docket No. CL-37347
03-3-02-3-329

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:

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.
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This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



In January 1998, the Carrier and the TCU-Division Chairperson agreed to establish a Partial Exempt Lead Ticket Clerk's position BC-125 at Newark Penn Station. The duties of that position are stated below:







Prior to November 2000, the PEP Lead Ticket Clerk position remained vacant for more than 90 days. As a result, the Carrier was required to delete the PEP status from the position and post it as a bid and bump position for all qualifed employees to bid on. It posted the new job as LTC-12 on November 8, 2000. The job duties of Job LTC-12 are quoted below:
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Claimant C. Deguzman was the successful bidder. On November 22, 2000, the Organization filed a claim alleging that the Carrier added duties and responsibilities to Job No. LTC-12 that were not included in Position BC-125 when it was a partially exempt position. It contends that the Carrier made these changes without the required discussion with the General Chairman. It asks that the job be changed to a Ticket Clerk position and that the Claimant be paid eight hours at the pro rata rate for each work day until the duties of the job are changed to its original duties as a Ticket Seller. The Carrier denied the claim at all levels.


The Board reviewed the record before it and studied the job descriptions for Job BE-125 (the old job) and LTC-12 (the current job). There is no question that the duties listed in Job LTC-12 are more numerous and extensive than those listed in the current position. At this late date, the Board concludes that the Carrier officials should enter into a discussion of the duties of the Lead Ticket Clerk position with the General Chairman in hopes of both parties agreeing on the duties

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of the job. The Board finds no basis in this record to support a monetary award to the Claimant.








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.