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:


STATEMENT OF CLAIM:




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.




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:



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:








Form 1 Award No. 37807
Page 3 Docket No. CL-38123
06-3-03-3-521



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.