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:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the TCU (NEC-23 83) in behalf
of Claimant W. Stephens.
The Carrier violated the Amtrak-NEC Agreement on Monday
October 28, 2002, when it made an exception to the Rules
Agreement without the proper signature that is required (Rule 9-A1), failed to offer position of Baggage Counter Position, Symbol No.
B-14, hours 2:30pm to llpm at NY Penn Station Mail, Baggage, and
Express Department to Extra List Employee, W. L. Stephens, Job
Symbol No. EX203, then under the disguise of "Blanked position"
the Carrier alleged that position of B-14 was blanked due to the
regularly assigned employee had called in sick. The Carrier then
used regularly assigned Baggage Counter employee, D. Carroll,
Symbol No. BC-1, hours 1201 p to 8:31pm, to overlap and work the
blanked position after his tour ended at 831p.m. to llpm - thereby
(suspending his work to absorb overtime - which he received that
day).
Claimant W. L. Stephens now be allowed eight (8) hours at the prorata rate as a Baggage man on account of this violation.
The Carrier is in violation of Rule/s: (9-A-1), Appendix E - Articles
3-c, 4-(3), 12-a/e/f/g, Rule 4-C-1 and other rules.
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.
Parties to said dispute were given due notice of hearing thereon.
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.
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 38082
Page 3 Docket No. CL-39137
07-3-05-3-593
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 February 2007.