Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37029
Docket No. CL-37727
04-3-03-3-50
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-12960)
that:
The Carrier violated the Amtrak-Nortbeast Corridor Clerks Rules
Agreement on June 3, 2001 and June 17, 2001, when it diverted
Claimant, J. Charles from her regular assignment of accounting
clerk, at NY Penn Station, NY, NY, Ticket Office, Symbol No.
TC/TAC-5, hours various to sell tickets at the ticket windows.
Claimant J. Charles now be allowed an additional eight (8) hours at
the pro-rata rate for each and every work day thereafter of these
violations as accounting clerk on account of these violations until
such time Claimant has been allowed the pro-rata rate and until
such time the Carrier changes the duties of the work to accounting
each and every work day, back to the original takeover agreement
calls for in 1976.
The Organization has had to file several continuous claims on
account of the Carrier's continued: diversion of account clerk J.
Charles being taken off her regularly assignment-not to mention the
preponderance of her duties as defined are (Accounting Clerk) work
to sell tickets (Scope Rule 1 Paragraph (h)), the Organization has
had to keep asking for an (alleged) agreement that the Carriers kept
referring to in its self serving denials of those violations in allowing
Form 1 Award No. 37029
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the said position to be created and then allowed the duties to be
other than those initially taken over by Amtrak in 1976 (Referring
to Appendix H - Paragraph (D) Article IV to be performed.) No
agreement has existed.
The Organization filed a claim for a violation on November 23, 2000,
on behalf of Claimant Charles. The Organization again requested
such agreement to be produced, payment be allowed for eight (8)
hours due to the diversion, the duties be changed back to
accounting, and the duties only be that of an accounting clerk (the
preponderance of the work performed), and the clerk be allowed
eight (8) hours for each and every work day thereinafter of the
violation until such violation ceased. The claim was presented in
accordance with the off corridor Clerks Rules Agreement, Rule 25.
The claim outlawed, the Carrier sent a letter to the Organization's
Local Representative dated February 13, 2001, admitting such
violation (as attached). The Carrier indicated that Claimant would
be allowed, eight (8) hours at the pro-rata rate. The Claimant was
only paid for four (4) hours. The Carrier has not acknowledged the
terms of the outlaw rule, and allowed the claim to presented as it
was presented.
In the month of May of 2001, the Carrier finally produced such
alleged agreement as it initially had said it had. As attached one will
find that such (self serving) agreement that the Carrier has been
relying on, is nothing more than an inter-office memo, that the
Organization has never received a copy of nor made aware that such
violations have been occurring until such Claimants made the
Organization aware. Such inter-office memo clearly shows that
there is no CC to Organization, particularly the Organization's
(General Chairman).
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The Carrier is in violation but not limited to:
Rule 4-C-1
Rule 1 Scope Paragraph H
The Extra List Agreement (Appendix E)
Rule 4-F-2/1
Rule 5-E-1
Appendix H (Paragraph D) Article IV
Rule 25 Off-Corridor-Grievances
And other Rules
This claim has been presented in accordance with Rule 7-B-1 of the
off-Corridor Clerks Rules Agreement, Rule 25 and should be
allowed and accepted as presented."
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.
Claimant J. Charles is a Ticket Clerk/Ticket Accounting Clerk at Penn
Station, New York City. Her job description reads as follows:
"Description of Duties: Must be a qualified Ticket Clerk in order to
properly audit ticket agents tours by verifying credits and debits.
Tabulate redeemed and exchanged, tickets, consolidate agents 920's
and prepare station 920's, maintain an accurate record of agents
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overages and shortages, prepare and update office ledger, prepare
and type various reports to be forwarded to the appropriate Amtrak
accounting offices, prepare discrepancy notices as they apply to
ticket agents errors. Must have a thorough understanding of ticket
accounting procedures and be familiar with all types of Amtrak and
Non-Amtrak tickets. Employees must conform to N.R.P.C. "Rules
of Conduct" and prescribed code of dress. Employees will
personally wait on customers and sell tickets when the workload
demands. A high school education with two (2) years of college or
business equivalent is preferred."
On June 3, and 17, 2001, the Claimant was assigned to sell tickets at the Penn
Station Ticket Office. The Organization characterized the assignment to sell tickets
as a diversion from her regular assignment of Account Clerk to a Ticket Clerk. The
Organization cited numerous Rules that were violated by the Carrier. It essentially
argues that the Carrier has no right to handle the Claimant in this manner and
requests penalty pay as a remedy in each instance.
The Board reviewed the record with an eye to discovering how the facts of
this case are substantially different from those with which the Board was presented
in Third Division Award 36788. The Board denied that claim. The Board finds no
substantial difference in this case.
Third Division Award 36788 involves identically the same parties, the same
Claimant, the same situation of assigning the Claimant to a Ticket Sellers' position,
and the same rejection of the claim on the property. The Board can find no basis in
this record to do anything other than deny this claim. As the Board pointed out in
Award 36788, the description duties of an Account Clerk clearly state that the
employee will be "required to personally wait on Customers and sell tickets when
the workload demands." Assigning the Claimant to sell tickets on an intermittent
basis when the workload requires it is not a diversion from her basic position, but
an assignment under the terms of her position.
Form I Award No.
37029
Page
5
Docket No.
CL-37727
04-3-03-3-50
AWARD
Claim denied.
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 18tb day of May
2004.