Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIV1SION
Award No. 37175
Docket No. SG-37592
04-3-02-3-709
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):
Claim on behalf of R. A. Salois, for eight hours at his straight time
rate of pay for January 16, 2001, account Carrier violated the
current Signalmen's Agreement, particularly Rule 20, when it failed
to properly compensate the Claimant for a 40 hour work week after
his job was abolished on January 15, 2001, at New London,
Connecticut, and he was forced to displace a junior employee
effective January 17, 2001. Carrier's File No. NEC-BRS(N)-SD-937.
General Chairman's File No. 19-01. BRS File Case No. 12204"
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.
Form 1 Award No. 37175
Page 2 Docket No. SG-37592
04-3-02-3-709
Parties to said dispute were given due notice of hearing thereon.
The Claimant was assigned to a position advertised to work eight hours per
day, Monday through Friday. The Carrier gave the Claimant proper notice that his
position would be abolished effective at the end of the workday on Monday, January
15, 2001. The Claimant exercised seniority to a position advertised to work eight
hours per day, Wednesday through Sunday. The Claimant commenced working
that position on Wednesday, January 17, 2001. The instant claim seeks
compensation for Tuesday, January 16, 2001.
Both the position that was abolished and the position to which the Claimant
exercised seniority complied with Rule 20's requirement that they have five work
days of eight hours each plus two consecutive rest days. Thus, the Carrier did not
violate Rule 20. See Third Division Award 20606. 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.