Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37180
Docket No. SG-37845
04-3-03-3-232
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 J. D. Justinger, for ten hours at his straight time
rate of pay, account Carrier violated the current Signalmen's
Agreement, particularly Rule 32 and Appendix B-4, part 6, when it
used another employee instead of the Claimant to cover work
normally covered by the Claimant at the Relay Room at 400 W 31st
Street on February 1, 2002, and deprived the Claimant of the
opportunity to perform this work. Carrier's File No. NEC-BRS(S)SD-959. General Chairman's File No. JY32101000-102026. BRS File
Case No. 12488-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.
Form I Award No. 37180
Page 2 Docket No. SG-37845
04-3-03-3-232
Parties to said dispute were given due notice of hearing thereon.
The record reflects that the Claimant was assigned to Gang Q-022,
performing routine maintenance functions in the relay room at 400 West 31st
Street. On February 1, 2002, a member of construction Gang R-922 performed
work in the relay room, testing circuits in connection with the rehabilitation of the U
Ladder and 123/119 Slip Switch. On February 9, 2002, another member of Gang 8922 performed similar work in the relay room. The record is devoid of any evidence
that the work performed by the members of Gang R-922 involved any routine
maintenance work normally performed by the Claimant. Accordingly, 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.