Eric Mazzio held Position RC850 at the South Street Station in Boston, Massachusetts. On June 5 and 6, 2001, Mazzio was off work for personal reasons. He notified the Carrier well in advance that he would be off on those days. On Tuesday, June 5, the Carrier filled his vacancy. On Wednesday, June 6, the Carrier chose to blank the position rather than fill it on an overtime basis. The Carrier reasoned that Wednesday is a slow passenger day and the job need not be filled.
On June 7, the Organization filed a claim on behalf of employee William Gould for eight hours' pay at the time and one-half rate account he was not called to fill the second day, June 6, of the Mazzio vacancy.
The Carrier denied the claim on the basis that it had the right to blank the position for any number of reasons, not the least among them being that Wednesday was a slow passenger day in Boston and it was not economical to fill the job on an overtime basis.
The Organization argued that the Carrier cannot arbitrarily blank a vacant position. It contends that such vacancies must be filled from the Extra Board or, if no Extra Board employees are available, by calling regularly assigned employees on a seniority basis.
The Board addressed this issue in a variety of different situations in the past. The Board has generally concluded that the Carrier does have the right to blank vacant positions, if it chooses. It cannot, however, blank a position and then direct another employee, contract or non-contract, to perform all or part of the job duties of the blanked position without being subject to a claim. In its review of this record, the Board can find no evidence that anyone performed the duties of the blanked position. Nor can the Board find a detailed explanation of what contract clause the Organization charges the Carrier with violating.