Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37807
Docket No. CL-38123
06-3-03-3-521
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-13020)
that:
1. The Carrier violated the TCU/NRPC Agreement at 30th Street
Station, Philadelphia, PA, when it denied Claimant, Judith R.
Truck, her right to displace a junior employee from a fully
covered Clerk Typist position in the Police Department at 30th
Street Station, Philadelphia, PA, on Tuesday, October 1, 2002.
2. The Carrier shall now allow the aforementioned displacement,
and compensate Claimant for the difference in rate of pay
between the denied position, and any position Claimant works
from October 1, 2002, until claim is resolved. Carrier shall also
allow all valid displacements to this position according to the
rules set forth in the TCU/NRPC Northeast Corridor
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.
Form 1 Award No. 37807
Page 2 Docket No. CL-38123
06-3-03-3-521
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On October 1, 2002, the Claimant attempted to displace the incumbent from a
Clerk-Typist position with the Amtrak Police Department, 2POLCT-1. The Carrier
disallowed the displacement on the ground that the Claimant had not demonstrated
proficiency in or knowledge of the HTE CHIEFS Public Safety AS400 Computer
System. The position was covered by an Agreement dated December 26, 1995, which
provides, in relevant part:
"[T]he occupants must be able to learn and be proficient with the
HTE CHIEFS Public Safety AS400 computer system. Amtrak will
provide training on this system to the successful occupants."
Thus, under the December 29, 1995, Agreement, to be qualified for the position,
the Claimant had to have the ability to learn the HTE CHIEFS Public Safety AS400
Computer System. On identical facts, the Board held in Third Division Award 36893:
"[T]he literal language of Rule 2-A-5 of the Agreement does not read
the way the Carrier wishes. It is clear that employees need not be fully
qualified before they exercise their displacement rights: `Employees
. . . exercising displacement rights will be allowed thirty (30) days to
qualify . . .' During the 30-day period, in accordance with paragraph
(c) of Rule 2-A-5, the employer must, at a minimum, demonstrate the
equipment, provide training manuals, and answer questions from the
displacing employee while he attempts to qualify for the position."
We adhere to our holding in Award 36893 and sustain the claim.
AWARD
Claim sustained.
Form 1 Award No. 37807
Page 3 Docket No. CL-38123
06-3-03-3-521
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 21st day of June 2006.