The Second Division consisted of the regular members and in
addition Referee J. Harvey Daly when the award was rendered.
ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
(Coast Lines)
EMPLOYES' STATEMENT OF FACTS: Electronic Technician J. M. Moses, hereinafter referred to as the claimant, is a regular hourly rated employe of the Atchison, Topeka and Santa Fe Railway Company, hereinafter referred to as the carrier, at their 8th Street coach yards radio shop in Los Angeles, California. The claimant is a non-licensed Electronic Technician. The claimant's work week is Monday through Friday with Saturday and Sunday as rest days. His duties consist of checking, repairing, removing and replacing of radio and music equipment on engines, passenger cars and cabooses.
On Thursday, November 24, 1960, (Thanksgiving Day) the claimant was denied the right to work his regular position on an overtime basis, yet a li-
In conclusion, the carrier respectfully reasserts that the employes' claim in the instant dispute is entirely without support under the governing agreement rules and should be denied in its entirety for reasons previously set forth herein.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe 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.
The instant dispute involves the same principle and parties and essentially the same factual situation as in Award No. 4370 and the Board holds that Award to be controlling. Accordingly, the claim is denied.