Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36791
Docket No. CL-37385
03-3-02-3-383
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-12902)
that:
Carrier violated the Amtrak-NEC Corridor Clerks Rules
Agreement, particularly but not limited to the Extra List, and.other
rules, when it called and worked junior employee Michelle G, as an
Express Clerk at the New York Penn Station Mail Baggage and
Express Department, hours 3:30 p.m. to 12:00 midnight, December
27, 2000.
Claimant N. Cohen shall now be allowed eight hours at the punitive
rate of pay as a Baggageman account of this violation."
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. 36791
Page 2 Docket No. CL-37385
03-3-02-3-383
Parties to said dispute were given due notice of hearing thereon.
On December 27, 2000, there was a vacancy on the 3:30 P.M. to 12:00
Midnight shift as an Express Clerk at the New York Penn Station Mail Baggage and
Express Department. The Carrier filled the vacancy with junior employee Michelle
G. A claim was filed protesting the manner in which the Carrier called employees
to fill the position. It was asserted that the Claimant was on his rest day, available,
and would have accepted the call if the Carrier had followed the proper calling
procedures. It was also asserted that the Carrier did not respond to the claim at the
initial level in a timely manner. The record reveals that the Carrier rejected the
Organization's assertions and timely denied the claim at every level.
After having reviewed the record, including the call sheet, we conclude that
insufficient effort was exerted on the part of the Caller to inform the Claimant of
the available vacancy.
The requested remedy is excessive. The claim is sustained for eight hours at
the pro-rata 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.