Form 1 NATIONAL. RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37132
Docket No. CL-38077
04-3-03-3-488
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin 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-13013)
that:
Each known position rather be new, known to be vacant for more
than 30 days, or known to be vacant for more than 90 days will be
bulletined. Bulletins will show position (indicating if new), location,
primary duties, tour of duty, meal period, days of rest, rate of pay,
symbol no., if numbered, and whether or not position is temporary
or permanent. Work Rule 2-A-i is the heading of which each of
these items listed falls under.
Employee Whitehead bid on the position as it was assigned with
normal hours, and work location for each workday. J. Whitehead
Acting on orders from her Supervisor-Whitehead did not work her
regular assignment that day at the Newark Train Station but went
to the Airport, opened a cash drawer, and sold tickets for ten hours.
Claimant K. Williams that day would have accepted the assignment,
would have worked that day, and would have been paid in the work
weeks paycheck ten (10) hours at the punitive rate of pay as a Ticket
Seller for performing those duties at the Airport.
Claimant K. Williams should have been given the opportunity to
work that day she was not.
Form 1 Award No. 37132
Page 2 Docket No. CL-38077
04-3-03-3-488
The Carrier did allow Claimant's Representative to peruse the
Assignment Sheet for the day, and the Call-out sheet and both reveal
a violation to have occurred that day.
This claim has been presented in accordance with Rule 7-B-1 of the
NEC-Amtrak Agreement and in accordance with Rule 25 of the Off
Corridor Clerks Rules Agreement 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.
The record in the instant dispute is clear that on the date in question, the
Carrier had a vacancy at Newark International Airport. The Carrier did not blank
the position. Instead, the Carrier diverted an employee whose regular reporting
location was Newark Rail Station to fill the position. In so doing, the Carrier failed
to follow the required process for filling vacancies. The claim shall be sustained to
the extent that the Carrier shall pay the Claimant for ten hours at the straight time
rate.
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 37132
Page 3 Docket No. CL-38077
04-3-03-3-488
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 25th day of August 2004.