Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38078
Docket No. CL-39106
07-3-05-3-455
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-2515) in behalf
of Claimant Neil Roman.
The Carrier violated the Amtrak/TCU (NEC) Clerks Rules
Agreement on Sunday November 9, 2003, particularly Rules: 1-B-i,
4-A-4, 9-A-1, Corporate Mediation Rule 2 Appendix E - Articles 3C, 5(A), 15(A), Appendix H-Articles I, -AB, IVAB, IX, (and other
rules) when the Carrier called and assigned (improperly) employee,
P. Roberson, to vacant usher position Symbol No. U-23, at 3:30 pm
at NY Penn Station, Customer Services, instead of filling the
vacancy by calling then assigning the vacancy to the incumbent of
the position.
Claimant, N. Roman, now be allowed eight (8), hours at the punitive
rate of pay based upon the daily pro-rata, rate of an usher on
account of this violation on November 9, 2003."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form I Award No. 38078
Page 2 Docket No. CL-39106
07-3-05-3-455
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 Sunday, November 9, 2003, the Claimant was the incumbent on Usher
position U-39, regularly scheduled to work 3:30 P.M. - 12:00 midnight, with rest
days of Sunday and Monday. A vacancy arose on Usher position U-23, regularly
scheduled to work Thursday through Sunday 3:30 P.M. - 12:00 midnight, and
Monday, 10:45 A.M. - 7:15 A.M. The Carrier filled the vacancy by calling the
senior available employee. The Organization contends that the Carrier should have
first offered the vacancy to the Claimant as the incumbent of the position who was
on his regular rest day. The Claimant worked the same shift as U-23 on Thursday
through Saturday and on Monday, U-23 did not work the 3:30 P.M. - 12:00
midnight shift that the Claimant worked on other than his rest days. Thus, the
record fails to establish that U-23 was the Claimant's relief on his rest days or that
the Claimant was the incumbent entitled to be called to fill the vacancy.
Accordingly, the claim must be denied.
AWARD
Claim denied.
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 21st day of February 2007.