Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38052
Docket No. CL-39140
07-3-05-3-596
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 TCU (NEC-2498) that:
The Carrier violated the Amtrak/TCU (NEC) Clerks Agreement on
March 13, 2004 particularly Rule 1(e), 1-B-i, 4-A-4(1), 4-F-i, 5-E-i, 9A-i, Appendix E-Articles 3c, 51, 6a, 8(B), 15a, Appendix H-Articles
1-(b), IV(a/b), VI(a/b), IX, Mediation Agreement of 94 (Article IIISection 4(b) from (NEC) rule 7-B-i (Corporate Rule 25), and other
when the carrier failed to fill ticket seller position, job symbol no.
TC-18, hours beginning at 5:30 a.m. at Penn Station NY, NY, that
was created by the regular assigned employee, B. Myers, having a
hold-down on job symbol no. FCLR-1 in the Carrier's Acela First
Class Lounge. Instead of properly filling the vacancy in accordance
to Appendix E Articles 4, 5, 6 of the Agreement.
Claimant, Connie Pugh, now be allowed eight (8) hours at the
punitive rate of pay based upon the Daily Ticket Seller rate on
account of this violation on 3-13-04.
This claim has been presented and progressed in accordance with
the provisions of Rule 7-C-i and Corporate Rule 25 of the applicable
Agreement and should be allowed."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 38052
Page 2 Docket No. CL-39140
07-3-05-3-596
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.
On March 13, 2004, the Carrier failed to fill a vacancy on Ticket Clerk
Position TC-18 at New York City, Penn Station. The vacancy arose because the
incumbent of Position TC-18 was granted a hold-down on First Class Lounge
Representative Position FCLR-1 from March 4 - 15, 2004. The Carrier argues in its
Submission that it did not fill the vacancy because there was no need to do so, as
other employees were able to perform the overflow of work. However, Appendix E,
Article 8(b) clearly provides that vacancies created by the incumbent employee
taking a hold-down will be filled in accordance with Articles 4, 5, 6 and 7. The
Carrier failed to do this. The claim will be sustained for eight hours pay at the
straight time rate.
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 25th day of January 2007.