Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38219
Docket No. CL-39341
07-3-06-3-187
The Third Division consisted off 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)
"Claim of the General Committee:
1. The Carrier violated ARTICLE VI - OVERTIME of the
MEDIATION AGREEMENT of September 6, 1991, Rule 14(ff)
and possible other rules of the Agreement, when on March 24
and 25, 2001, it failed or refused to call Claimant White to
work at overtime and allowed a Baggageman to come into the
Ticket office and sell tickets.
2. The Carrier shall now be immediately required to compensate
Ms. White eight (8) hours for each day at the pro rata rate of a
Ticket Agent at the overtime rate of one and a half (1 1/2) (total
of $460.80)."
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 off the Railway Labor Act,
as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form I Award No. 38219
Page 2 Docket No. CL-39341
07-3-06-3-187
Parties to said dispute were given due notice of hearing thereon.
On March 24 and 25, 2001, R. Schaffer sold tickets at Kansas City, Missouri.
The claim alleges that the Carrier diverted Schaffer from his position as Baggage
Agent/Red Cap to avoid its contractual obligation to call the Claimant, who was on
her rest days, and offer her the assignment on an overtime basis.
During handling on the property, the Carrier contended that its payroll
records reflected that Schaffer was paid as a Ticket Clerk. However, the
Organization provided a copy of the Bulletin dated October 25, 2000, awarding
Schaffer the position of Baggage Agent/Redcap. He held that position until he was
awarded a Guaranteed Extra Board position in April 2001. Thus, the Organization
proved that Schaffer was diverted from his position as Baggage Agent/Red Cap to
work as a Ticket Clerk and that the Claimant should have been called. The claim
will be sustained. The Carrier is to compensate the Claimant for eight hours each
day (total of 16 hours) at her straight time rate.
Claim sustained in accordance with the Findings.
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 June 2007.