Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38082
Docket No. CL-39137
07-3-05-3-593

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:




Form 1 Award No. 38082
Page 2 Docket No. CL-39137
07-3-05-3-593
This claim has been presented in accordance with Mediation
Corporate Rule 25 and in accordance with NEC Rule 7-b-1 and
should be allowed and accepted as presented."

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 21,19,34.


This Division of the Adjustment Board has jurisdiction over the dispute involved herein.




On October 28, 2002, the employee regularly assigned to Baggage Counterman B-14, with hours of 2:30 P.M. To 11:00 P.M. called off sick. The Carrier purported to blank the position. However, the Carrier had Baggage Counter employee BC-1, regularly assigned 12:01 P.M. - 8:31 P.M. work the position until 11:00 P.M. Thus the position was not blanked as the employee assigned to BC-1 worked the position through the end of the vacancy's shift. This case is governed by Third Division Award 37808. Because the Carrier did not blank the position, the Claimant should have been called to work the position. During handling on the property, the Carrier paid the Claimant for two and one-half hours that BC-1 worked beyond his regular assignment. The claim will be sustained and the Carrier shall compensate Claimant for five and one-half hours straight time pay, representing the eight hours for which he should have been called minus the two and one-half hours he already has been paid.





Form 1 Award No. 38082
Page 3 Docket No. CL-39137
07-3-05-3-593



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 February 2007.