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:


STATEMENT OF CLAIM:




Form 1 Award No. 37029
Page 2 Docket No. CL-37727
04-3-03-3-50
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).
Form 1 Award No. 37029
Page 3 Docket No. CL-37727
04-3-03-3-50







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.



Claimant J. Charles is a Ticket Clerk/Ticket Accounting Clerk at Penn Station, New York City. Her job description reads as follows:


Form 1 Award No. 37029
Page 4 Docket No. CL-37727
04-3-03-3-50
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



      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.