Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37346
Docket No. CL-37741
05-3-03-3-168
The Third Division consisted of the regular members and in addition Referee
Gerald E. Wallin when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast
( Line Railroad Company)
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Organization (GL-12982) that:
(1) Carrier violated the Agreement specifically Rule 1, and the
Customer Service Center Agreement, on March 7, 2002, when it
allowed Manager Customer Operations Danny Murphy, located
at Jacksonville, Florida, to order
fifty-five (55
) cars for customer
Jefferson Smurfit Corp., located at Brewton, Alabama, using the
equipment order menu on the computer. This was allowed in lieu
of allowing this work to be performed by the Clerical employes in
the Customer Service Center at Jacksonville, Florida.
(2) Carrier shall now be required to compensate the Senior Available
Employe, eight (8) hours at time and one-half at the applicable
rate of $150.98, or his or her guarantee rate, whichever is higher,
for the above violation."
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.
Form 1 Award No. 37346
Page 2 Docket No. CL-37741
05-3-03-3-168
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Except for the time and date of the incident giving rise to the claim and the
number of cars involved, the facts of the instant claim are identical to those involved in
Third Division Award 37345. With one exception, there are no significant differences
in the contentions raised as well.
In this claim, the Carrier raised the procedural objection that the Organization
failed to properly identify a Claimant. That contention, however, was apparently
abandoned as it was not advanced in the Carrier's Submission to this Board.
Moreover, that factor has not been an impediment to sustaining similar claims. See, for
example, Awards 1-5 of Public Law Board No. 5782 and Third Division Awards 37227,
37229, 37231, and 37232.
Following the rationale expressed in Third Division Award 37345, this claim
shall be sustained at the $15.00 requirement.
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 19th day of January 2005.