Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37586
Docket No. CL-37570
05-3-02-3-640
The Third Division consisted of the regular members and in addition Referee
M. David Vaughn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Sand Springs Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12941)
that:
1. In letter dated June 12, 2001, Carrier was notified that clerical
employee Gerrie L. Holladay failed to maintain membership in
the Organization and was requested to remove her from the
seniority roster and terminate her employment. Ms. Holladay
continues to perform the duties and responsibilities previously
assigned to her. Since Ms. Holladay continues to perform
covered work, Carrier is in violation of Rule 1 - Scope of the
current agreement between the parties.
2. The Carrier shall now compensate the senior employee eight
(8) hours at the applicable overtime rate, beginning June 12,
2001, and continuing each and every workday thereafter until
such time said work is returned to employees covered under
the TCU Agreement. Such compensation shall be in addition to
any other earnings of said Claimant.
3. If the above Claimant is unavailable, Carrier shall pay to the
charity of Organization's choice, the amount equivalent to
eight (8) hours for violation at the applicable overtime rate
beginning June 12, 2001, and continuing each and every
Form 1 Award No. 37586
Page 2 Docket No. CL-37570
05-3-02-3-640
workday thereafter until such time said work is returned to
employees covered under the TCU Agreement."
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 Parties have advised that the dispute has been settled between them and
have requested that a Dismissal Award be issued. The Award and Order so reflect.
AWARD
Claim dismissed.
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 24th day of August 2005.