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:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12887)
that:
The Carrier violated the Amtrak-Northeast Corridor Clerks' Rules
Agreement particularly but not limited to Appendix H (paragraph
d), Rule 1 - Scope (paragraph h), 1-b-1, 2-A-1 2-A-5, and other rules
when the Carrier advertised job symbol no. LTC-12, hours loam,
12:30pm, Lead Ticket Clerk, at Newark Penn Station, as a position
not under the present classification title and description of primary
duties as an original position that were transferred to Amtrak.
Claimant C. Deguzman Description of duties now be returned to its
original duties as a ticket seller and Claimant now be allowed eight
(8) hours at the pro-rata rate for each and every work day
thereonafter until the violation ceases on account of this violation on
November 8, 2000."
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.
Form 1 Award No. 36784
Page 2 Docket No. CL-37347
03-3-02-3-329
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
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:
"DUTIES:
Serves as a lead person to ticket clerks at public windows incident to
the sale of tickets for a wide variety of passenger train
accommodations. Furnishes advice and guidance to each ticket
clerk of confirmation of reservation. Personally waits on customers
and sells tickets when the workload demands. Assists customers in
securing desired reservations, planning trips and assisting in the
movement of passengers outside the ticket office to ensure that
passenger flow is efficient and orderly. Must maintain a cash
drawer and complete daily reports for any sales made. Performs a
variety of miscellaneous duties such as filing, typing, completing
reports, monitoring ticket stock, performing preventative
maintenance of ticket printers and all duties of a ticket clerk.
OUALIFICATIONS:
A high school education with two (2) years of college or business
equivalent is preferred. Must have a complete knowledge of tariffs.
Must be thoroughly familiar with the operation of ARROW
Ticketeer machines and be able to maintain same. Must have
leadership capabilities. Must have excellent oral, written and
communication skills."
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:
Form 1 Award No. 36784
Page 3 Docket No. CL-37347
03-3-02-3-329
"Description of Duties: Serves as a leadperson to ticket clerks at
public windows incident to the sale of tickets for a wide variety of
passenger train accommodations. Furnishes advice and guidance to
each ticket clerk of confirmation of reservations. Personally waits
on customers and sells tickets when the workload demands. Assists
customers in securing desired reservations, planning trips, will also
assist in the movement of passengers outside the ticket office to
ensure that passenger flow is efficient and orderly. Must maintain
cordial relationship with potential customers at all times. Maintains
cash drawer and completes daily reports. Performs a variety of
miscellaneous duties such as filing, preparing and completing
reports, monitor ticket stock, perform preventive maintenance of
ticket printers. In addition to other duties, performs duties of a
ticket clerk and accounting clerk. Must have a high school
education, prefer two years of college or business equivalent. Must
have complete knowledge of tariffs. Must be thoroughly familiar
with operation and maintenance of Arrow machines. Must comply
and ensure compliance by employees to Amtrak's uniform policy
and "Standards of Excellence." Must possess excellent leadership
and organizational skills, and communication skills both oral and
written. Must ensure an atmosphere of open communication."
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.
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.