Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37026
Docket No. CL-37578
04-3-02-3-683
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-12946)
that:
Claim of the System Committee of the TCU (TCU-TC-332-TC) in
behalf of Pat Held for the Carrier's violation of the NRPC TCU (TC
Division Agreement, specifically the Extra List Rule 6-A-1
paragraph (1) line (2)) Each Extra List will protect TC Agreement
work within the confines of the Extra List territory. There will be
one headquarters for each Extra List.
On the following days Claimant was directed to work off his
assigned Philadelphia Tower Extra List to cover a position on the
Detention Clerk List during the hours shown, causing a violation of
the Agreement:
Date
From - To
April 17,
2001 11:00 PM
- 7:00 AM
April 18,
2001 11:00
PM - 7:00 AM
April 19,
2001 11:00 PM
- 7:00 AM
May 1,
2001 11:00 PM
- 7:00 AM
May 17,
2001
7:00 AM - 3:00 PM
May
22, 2001 11:00 PM
- 7:00 AM
Form 1 Award No. 37026
Page 2 Docket No. CL-37578
04-3-02-3-683
May 23, 2001 11:00 PM - 7:00 AM
May 30, 2001 11:00 PM - 7:00 AM
June 5, 2001 11:00 PM - 7:00 AM
It should be noted that on May 3 of 2001, the Assistant District
Chairman spoke with Lavern D. Miller, Director of Labor Relations,
about this situation, and be agreed that this practice was clearly a
violation of the agreement.
The Claimant was directed to fill the position because the Carrier
could not find anyone to fill this position at the rate of time and one
half. Because of this, the Claimant should be entitled to be paid the
rate of time and one half at the operator's rate for the position
worked.
This claim has been filed in accordance with the agreement and
should be allowed."
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.
Parties to said dispute were given due notice of hearing thereon.
The Board reviewed in detail the arguments of both parties and the
comments they made in support of their positions. As a result of this review, the
Board discovered that there is insufficient solid evidence in the record to support a
Form I Award No. 37026
Page 3 Docket No. CL-37578
04-3-02-3-683
reasonable decision. The Board has concluded that the instant case should be
dismissed for lack of sufficient evidence on which a decision can be based.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 18th day of May 2004.