Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37033
Docket No. CL-37754
04-3-03-3-66
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-12964)
that:
The Carrier violated the Amtrak-Northeast Corridor Clerks Rules
Agreement on May 19, 2001, when it failed to assign Claimant, Lead
Ticket-Seller - S. Martin, Symbol No. LTC-I, hours 730A to 4 PM
located at NY Penn Station, NY, NY, to an overtime Lead Ticket
Seller assignment on Sat. May 19, 2001, hours 5 AM to 130 PM.
Claimant S. Martin now be allowed eight (8) hours at the punitive rate
of pay as a Ticket Seller and receive four (4) dollars at the pro-rata
rate that a Lead Ticket Clerk would receive while in the performance
of the duties as a Lead Seller on account of this violation.
On Jan. 19, 2000, the Carrier responded to a claim filed by the
Organization that "the Carrier would cease the practice" of allowing
"Lead Ticket Clerks" filling supervisor's positions on a temporary
basis. Since such response, the Carrier has since blanked any
supervisor position that has become vacant on any occasion, then
called out an Extra Lead Clerk position in seniority order (at
overtime) under the provisions of Appendix E(Article 5A/6A).
The Rules that created or authorized "Partially Exempt Positions"
contained in Rule 1 (Scope) Rules: 1-B-1 (Promotion), Rule 2-A-1
(Bulletin-Assignment), and Rule 3-C-1 (Reducing and Increasing
Forces) do not apply to these positions. However, the Overtime Rule
Form 1 Award No. 37033
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does apply to such positions, was not applied to in this case, and as
such the Carrier is aware that between both parties one (1) day
vacancies is not considered a temporary assignment.
The Carrier called and worked Junior "Lead Ticket Clerk" M. James
for overtime for the vacancy with the hours of 5 AM to 130 PM on
Friday, May 18, 2001, but failed to make a first/second call to
Claimant, S. Martin (on either day) as the Carrier's records indicate
for the 5 AM vacancy. The Carrier did ask her for the (1 PM
vacancy) but she selected to say no.
The Carriers' Window Assignment/Manpower sheet will show Junior
Clerk-James as working a "CRD" overtime and as a Lead Clerk in its
particular column.
Claimant S. Martin would have accepted the call and worked the
vacancy.
The Carrier is in violation but not limited to:
Appendix E (Article 3C)
Appendix E (Articles - 5A/6A)
and other Rules . . . .
Claimant S. Martin was the senior, available and qualified Lead
Ticket Clerk and should have been called and worked to perform such
work.
Claimant S. Martin now be allowed eight (8) hours at the punitive rate
of pay as a Lead Ticket Clerk, and receive the add'1 four (4) dollars at
the pro rata rate that Lead Ticket Clerks would receive while in the
performance of these duties on account of this violation.
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.
Form 1 Award No. 37033
Page 3 Docket No. CL-37754
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As attached:
Carriers (Manpower/Window Assignment Sheet)
Carriers Call Out Sheet
Jan. 19, 2000, response letter from Carrier to Organization's Local
Representative
(Letter of Receivement of claim from Carrier)"
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.
It appears from the record of this case that the Carrier used the wrong Lead
Ticket Clerk junior to the Claimant in an overtime assignment from 5:00 A.M. to 1:30
P.M. on Saturday, May 19, 2001. Lead Ticket Seller Martin should have been called.
There is no indication in the record that the Claimant was called for the 5:00 A.M. to
1:30 P.M. vacancy. Consequently, the Board is compelled to sustain the claim. The
claim will be sustained for eight hours at the straight-time rate plus the $4.00
requested.
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 37033
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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 18th day of May 2004.