Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37733
Docket No. CL-37289
06-3-02-3-302
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12880)
that:
DAIIR-134 - STATEMENT OF CLAIM:
1. Carrier violated the TCU Clerical Employees Agreement at the
Duluth Ore Docks during the week of February 26, 2001, when
it required and/or permitted persons not covered by the
Clerical Employees Agreement to perform the work of printing
live hundred (500) Form 122 revised 12/84, Air brake Test
Slips.
2. Carrier shall now be required to compensate the senior
qualified available extra or unassigned clerical employee
without forty (4.0) hours of straight time work for the week,
eight (8) hours pay at the pro rata rate of the General Foreman
position or if none are available, the senior qualified available
regularly assigned clerical employee, eight (8) hours pay at the
punitive rate of the General Foreman position or the rate of his
regular assigned' position, whichever is higher, for the week of,
February 26, 2001, which be would have received had he been
allowed to perform the above mentioned work.
Form 1 Award
No.
37733
Page 2 Docket
No.
CL-37289
06-3-02-3-302
DMIR-165 - STATEMENT OF CLAIM:
1. Carrier violated the TCU Clerical Employees Agreement at the
Duluth Ore Docks on Thursday, May 10, 2001, when it
required and/or permitted persons, not covered by the Clerical
Employees Agreement to perform the work of printing Form
No. 3143 revised 11/11/, Time Cards.
2. Carrier shall now be required to compensate the senior
qualified available extra or unassigned clerical employee
without forty (40) hours of straight time work for the week,
eight (8) hours pay at the pro rata rate of the General Foreman
position or if none are available, the senior qualified available
regularly assigned clerical employee, eight (8) hours pay at the
punitive rate of the General Foreman position or the rate of his
regular assigned position, whichever is higher, for Thursday,
May 10, 2001, which he would have received bad he been
allowed to perform the above mentioned work.
DMIR-166 - STATEMENT OF CLAIM:
1. Carrier violated the TCU Clerical Employees Agreement at the
Duluth Ore Docks on Friday, June 1, 2001, when it received,
required and/or permitted persons, not covered by the Clerical
Employees Agreement to perform the work of printing one
thousand (1000) Form 571/2 , Daily Work Report forms.
2. Carrier shall now be required to compensate the senior
qualified available extra or unassigned clerical employee
without forty (40) hours of straight time work for the week,
eight (8) hours pay at the pro rata rate of the General Foreman
position or if none are available, the senior qualified available
regularly assigned clerical employee, eight (8) hours pay at the
punitive rate of the General Foreman position or the rate of his
regular assigned position, whichever is higher, for Friday, June
Form 1 Award No. 37733
Page 3 Docket No. CL-37289
06-3-02-3-302
1, 2001, which the would have received had he been allowed to
perform the above mentioned work.
DAZIR-167 - STATEMENT OF CLAIM:
1. Carrier violated the TCU Clerical Employees Agreement at the
Duluth Ore Docks on Wednesday, June 13, 2001, when it
received, required and/or permitted persons, not covered by
the Clerical Employees Agreement to perform the work of
printing one thousand fifty (1050) Form 3061, "Bad Order
When Empty" cards.
2. Carrier shall now be required to compensate the senior
qualified available extra or unassigned clerical employee
without forty (410) hours of straight time work for the week,
eight (8) hours pay at the pro rata rate of the General Foreman
position or if none are available, the senior qualified available
regularly assigned clerical employee, eight (8) hours pay at the
punitive rate of the General Foreman position or the rate of his
regular assigned position, whichever is higher, for Wednesday
June 13, 2001, which he would have received had be been
allowed to perform the above mentioned work.
DMIR-168 - STATEMENT OF CLAIM:
1, Carrier violated the TCU Clerical Employees Agreement at the
Duluth Ore Docks on Thursday, June 21, 2001, when it
received, required and/or permitted persons, not covered by
the Clerical Employees Agreement to perform the work of
printing tablets of Form 1607, "Locomotive Inspection Report.
2. Carrier shall now be required to compensate the senior
qualified available extra or unassigned clerical employee
without forty (40) hours of straight time work for the week,
eight (8) hours pay at the pro rata rate of the General Foreman
Form 1 Award No. 37733
Page 4 Docket No. CL-37289
06-3-02-3-302
position or if none are available, the senior qualified available
regularly assigned clerical employee, eight (8) hours pay at the
punitive rate of the General Foreman position or the rate of his
regular assigned position, whichever is higher, for Thursday,
June 21, 2001, which he would have received had he been
allowed to perform the above mentioned work.
DAIIR-178 - STATEMENT OF CLAIM:
1. Carrier violated the TCU Clerical Employees Agreement at the
Duluth Ore Docks on Tuesday, August 28, 2001, when it
received, required and/or permitted persons, not covered by
the Clerical Employees Agreement to perform the work of
printing one thousand (1000) Form 57'/z , Daily Work Report
forms.
2. Carrier shall now be required to compensate the senior
qualified available extra or unassigned clerical employee
without forty (40) hours of straight time work for the week,
eight (8) hours pay at the pro rata rate of the General Foreman
position or if none are available, the senior qualified available
regularly assigned clerical employee, eight (8) hours pay at the
punitive rate of the General Foreman position or the rate of his
regular assigned position, whichever is higher, for Tuesday,
August 28, 2001, which he would have received had he been
allowed to perform the above mentioned work."
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. 37733
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06-3-02-3-302
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Subsequent to the hearing concerning these claims, the parties notified the
Board that they had mutuallly agreed to withdraw the instant claims. Accordingly,
without comment upon the merits, the Board finds that the above-cited claims must
be dismissed as moot.
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 23rd day of February 2006.