Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37171
Docket No. SG-37544
04-3-02-3-621
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Amtrak (NRPC):
Grievance on behalf of E. S. West, Jr., for his advertised rest days of
Saturday and Sunday, account Carrier violated the current
Signalmen's Agreement, particularly Rule 12, when it assigned the
Claimant to a relief position that required him to work his rest days
of June 30, and July 1, 2001, and again on August 4, and August 5,
2001. Carrier's File No. NEC-BRS(S)-SD-940. General Chairman's
File No. JY321083-650111. BRS File Case No. 12276-NRPC(S)."
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.
Form 1 Award No. 37171
Page 2 Docket No. SG-37544
04-3-02-3-621
The record reflects that the Claimant's position, as advertised in Bulletin 051SD3-0499, was a vacation relief position. The Carrier's right to establish such
positions was recognized in Public Law Board No. 6369, Award 1. Accordingly, the
Carrier acted in accordance with the Agreement and the claim must be denied.
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 28th day of September 2004.