]Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37736
Docket No. CL-37819
06-3-03-3-231
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:
(CSX Transportation, Inc. (former Seaboard
( Coast Line Railroad Company)
STATEMENT OF CLAIM:
"Claim of the Systenn Committee of the Organization (GL-12987)
that:
(1) The Carrier violated the Agreement, specifically Rule 1, and
the Customer Service Center Agreement on April 21, 2002,
when it allowed :Manager C. D. Harris, located at Jacksonville,
Florida, to interchange railcars from the BS Railroad at
Ensley, Alabama. This was allowed in lieu of allowing this
work to be performed by the Clerical employees in the
Customer Service Center at Jacksonville, Florida.
(2) Carrier shall now be required to compensate the Senior
Available Employe, S. S. Solomons, ID. No. 207929, for eight
(8) hours at the rate of $145.09, at time and one-half of the
applicable rate of $217.64, 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. 37736
Page 2 Docket No. CL-37819
06-3-03-3-231
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
This is not a case of first impression. Numerous cases of the Board have dealt
with the same or similar issue over an extended period of time. The Board's holding
on this issue is set forth at length in Third Division Award 37227, and, more recently
in Third Division Award 37562. In those Awards, as here, the Board finds that the
Organization has, in fact, met the three tests established by Referee Beim in Award
37227. Accordingly, the Board holds, as it did in Award 37562, as follows:
".
. . The Board concurs with the Board's finding in Third Division
Award 37345 that Third Division Award 37227, which followed the
reasoning set forth in Public Law Board No. 5782, Awards 1
through 5, is dispositive in this and similar cases. Moreover, we see
no reason to diverge from the pattern established in those Awards,
i.e., unless the Organization can show that the time spent at the
disputed task was other than de minimus - which it has not in this
case-the established remedy is $15.00 per incident"
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 23rd day of February 2006.