Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38132
Docket No. TD-38774
07-3-05-3-183
The Third Division consisted of the regular members and in addition Referee
Ann S. Kenis when award was rendered.
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"1. The SOO Line Railroad Company (the Carrier) violated the
current schedule agreement between the Carrier and the
Organization, including Rules 7, 11, and 23 in particular, when
on the dates extending from March 2, 2004 through March 26,
2004, the Carrier failed to properly compensate the claimant
while being held off his awarded temporary assignment of
Swing 4.
2. Because of said violations, the Carrier shall now compensate
claimant S. G. Diorio $1928.35 which represents the difference
between the amount already compensated the claimant and the
amount sought in this claim. These amounts are listed as
follows:
Date Amount Amount Difference
Paid Sought
March 2, 2004 $207.95 $308.78 $100.83
March 3, 2004 $308.78 $308.78 $ 0.00
March 4, 2004 $308.78 $308.78 $ 0.00
March 5, 2004 $207.95 $308.78 $100.83
March 6, 2004 $207.95 $308.78 $100.83
March 7,2004 $207.95 $308.78 $100.83
March 8, 2004 $207.95 $308.78 $100.83
March 9, 2004 $217.15 $317.98 $100.83
March 10, 2004 $308.78 $308.78 $0.00
Form 1 Award No. 38132
Page 2 Docket No. TD-38774
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March 11, 2004 $0.00 $207.95 $207.95
March 12, 2004 $207.95 $308.78 $100.83
March 13, 2004 $207.95 $308.78 $100.83
March 14, 2004 $207.95 $308.78 $100.83
March 15, 2004 $207.95 $308.78 $100.83
March 16.2004 5207.95 5309.78 91_00.93
March 17, 2004 $ 0.00 $ 0.00 $ 0.00
March 18,2004 $319.68 $218.65 $(100.83)
March 19, 2004 $207.95 $308.78 $100.83
March
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March 21, 2004 $207.95 $308.78 $100.83
March 22, 2004 $207.95 $308.78 $100.83
March 23, 2004 $207.95 $308.78 $100.83
March 24,2004 $308.78 $308.78 $ 0.00
March 25, 2004 $ 0.00 $207.95 $207.95
$4891.20 $6819.55 $1928.35"
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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
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On February 21, 2004, the permanent incumbent of Swing 4 was awarded a
temporary vacancy on another position. Swing 4 was bulletined as a temporary
vacancy on that same date and it was awarded to the Claimant on February 24,
2004.
Form 1 Award No. 38132
Page 3 Docket No. TD-38774
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On March 1, 2004, the permanent incumbent of Swing 4 was awarded
another permanent position, so the Swing 4 position became a permanent vacancy
and was bulletined as a permanent position. The position was awarded on March 4,
2004 to Dispatcher B. J. Meyers, who needed training before assuming his new
permanent position.
Dispatcher Meyers did not assume his permanent assignment until March 28,
2004, when his training was complete. During the period from March 1 through
March 28, the position was filled on a day-to-day basis in accordance with Rule 15,
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temporary
vacancy to the position until it was protected on a permanent basis by Dispatcher
Meyers. The Organization further contends that because the Claimant was held off
the position, he is entitled to overtime compensation on the days he was denied the
opportunity to protect the awarded position.
The Carrier argues that the temporary vacancy ceased to exist when the
position was bulletined as a permanent vacancy on March 1, 2004. We disagree.
Had the Dispatcher who was awarded the permanent position assumed the position
on that date, the Carrier's argument would have merit. On this record, however,
Dispatcher Meyers was not qualified to assume Swing 4 until March 28, 2004. It
rained
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position on that date.
Rule 23 provides as follows:
"A train dispatcher awarded a position in accordance with the rules
of this agreement shall be placed thereon within seven (7) days. If
not so placed, he shall be compensated at overtime rate for each day
he is held off such position after the seventh day until placed
thereon."
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Claimnnt was aU7ardall the t~mnnrnr<.
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never placed onto the position by the Carrier. He is entitled to compensation
claimed for the period from March 2 through March 25, 2004 in accordance with
Rule 23. However, the record indicates that the Claimant was not rested under the
*s
Hours of Service Act and, therefore, he was unavailable to work on the claim dates
of March 11 and 25, 2004. After deducting the amount claimed for those two dates,
the claim will be sustained in the amount of $1,512.45.
Form 1 Award No. 38132
Page 4 Docket No. TD-38774
07-3-05-3-383
Claim sustained in accordance with the Findings.
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Ciaimantksj 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 23rd day of April 2007.