Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37077
Docket No. CL-37821
04-3-03-3-154
The Third Division consisted of the regular members and in addition Referee
Rodney E. Dennis Nvhen 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-12976) that:
1. The Carrier violated the Amtrak-Northeast Corridor Clerks
Rules Agreement particularly work Rule 5-E-1, Rule 4-A-4, Rule
1 and other rules, when the Carrier changed the hours of a
Partially Exempt Position, located at the Crew Base NY, NY, on
August 8, 200:1, and then failed to provide the said position with a
relief that is identified as a Partially Excepted Position.
Positions identified as Partially Excepted Positions are exempt
from the use of an Extra List Employee to fill such vacancies of
such positions unless an Agreement has been made between the
Carrier and the Organization's Division Chairman in the manner
in which the Extra List would be worked. Where employees
would be used and the number of Extra Lists and the number of
the extra emplloyees.
Non-Partially Excepted Positions are posted at all employee
locations within the normal Bulletins/Awards. When a position
becomes available those interested can submit an Application to
the Carrier's Human Resources Office, then an interview would
be conducted. The Carrier would then have the option to choose
the best candidate from the pool of candidates. The particular
candidate after being chose would receive the status of a Partial
Exempt Status on the Carrier's Roster of Seniority. Relief for the
said Position would then be covered by other Partially Exempt
Positions within the same category.
Form 1 Award No. 37077
Page 2 Docket No. CL-37821
04-3-03-3-154
Claimant Ms. Margaret Banks now be allowed eight (8) hours
punitive pay, based on the Pro-rata daily rate of $18.46 for each
day of week of this violation that she is required to cover this
position, and then Bulletin a relief for the said position.
The Organization requested in advance from the Carrier's
Department Manager, D. Johnson (see attached), to bulletin the
said position with a relief in order to avoid any unnecessary
claims that may result if/and when the position is bulletined
without a relief position. The Carrier has chosen not to comply
with the request.
This claim will be retroactive to the date of the change or sixty
(60) days whichever applies, and should include any future
incumbents of the involved position.
This claim is presented in accordance with Rule 7-B-1 of the NEC
Agreement in conjunction with Rule 25 of the Off Corridor
Clerks Rules Agreement and should be allowed as presented.
Additionally, agreement was violated when Carrier failed to
respond to the grievance as required by Rule 25.
11. Claim of the System Committee of the TCU (NEC-2183) that:
The Carrier violated the Amtrak-Northeast Corridor Clerks
Rules Agreement particularly work Rule 5-E-1, Rule 4-A-4, Rule
1 and other Rules, when the Carrier changed the hours of a
Partial Exempt Position, located at the Crew Base, NY, NY on
August 8, 2001, and then failed to provide the said position with a
relief that is identified as a Partially Excepted Position.
Positions identified as Partial Excepted Positions are exempt from
the use an Extra List Employee to fill such vacancies of such
position unless an Agreement has been made between the Carrier
and the Organization's Division Chairman in the manner in
which the Extra List would be worked. Where extra employees
Form 1 Award No. 37077
Page 3 Docket No. CL-37821
04-3-03-3-154
would be used and the number of Extra Lists, and the number of
the extra employees.
Non-Partially Excepted Positions are posted at all employee
locations within the normal Bulletins/Awards. When a position
becomes available those interested can submit an Application to
the Carrier's Human Resources Office then an interview would
then be conducted. The Carrier would then have the option to
choose the best candidate from the pool of candidates. The
particular candidate after being chosen would receive the status
of a Partial Exempt Status on the Carrier's Roster of Seniority.
Relief for the said position would then be covered by other Partial
Exempt Positions within the same category.
Claimant D. Brooks now be allowed eight (8) hours punitive pay,
based on the pro-rata daily rate of $18.46 for each day of week of
this violation that she is required to cover this position and then
Bulletin a relief for the said position.
The Organization requested in advance from the Carrier's
Department Manager, D. Johnson (see attached copy) to bulletin
the said position with a relief in order to avoid any unnecessary
claims that may result ifhvhen the position is bulletined without a
relief position. The Carrier has chosen not to comply with the
request.
This claim will be retroactive to the date of the change or sixty
(60) days -svhichever applies and should include any future
increases to the rate and any future incumbents of the involved
position.
This claim is presented in accordance with Rule 7-B-1 of the NEC
Agreement in conjunction with Rule 25, of the Off-Corridor
Clerk Rules Agreement and should be allowed as presented.
Additionally, Agreement was violated when Carrier failed to
respond to the grievance as required by Rule 25."
Form I Award No. 37077
Page 4 Docket No. CL-37821
04-3-03-3-154
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 the record of this case in detail. We have given special
attention to the Organization's contention regarding the Carrier's failure to respond to
the claim in a timely manner at both the first and second level of handling. Following
the Board's review of the total record, it is concluded that the Carrier has not met its
obligation under Rule 25, Grievance, to respond to the Organization's claims in a
timely manner. Based on the language of Rule 25 and numerous prior Awards of the
Board that have addressed the timeliness of the Carrier's response to claims, the Board
is compelled to sustain this case as presented for the days the Agreement was violated.
AWARD
Claim sustained in accordance with the Findings.
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 21st day of July 2004.
SERIAL NO.
aus
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION NO. I TO AWARD NO. 37077
DOCKET NO. CL-37821
NAME OF ORGANIZATION:
(Transportation Communications International Union
NAME OF CARRIER:
(National Railroad Passenger Corporation (Amtrak)
The Parties requested that the Board render an Interpretation of the above
Award. The Board reviewed the materials submitted by the parties and has concluded
that the Carrier complied with the Award. The Award directed payment as presented
for each day the Agreement was violaled. In the case of Claimant Banks that would be
every Saturday worked from the date ofihe claim until the violation ceased. Claimant
Brooks would be paid for every Sunday worked from the date of the claim until the
violation ceased. It is clear from the print out of payment, presented by the Carrier in
its Interpretation Submission, that Claimant Banks was paid. The Carrier is directed
to review the Claimants' work and payroll records with the General Chairman, if he so
requests, to verify such payment was made.
Referee Rodney E. Dennis who sat with the Division as a neutral member when
Award 37077 was adopted, also participated with the Division in making this
Interpretation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 7th day of December 2006.