Award No. 4374
Docket No. 4388
2-AT&SF-E'W-'63
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee J. Harvey Daly when the award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (EIectrical Workers)
ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
(Coast Lines)
DISPUTE: CLAIM OF EMPLOYES:
1. That under the provisions of the current Agreement non-licensed
Electronic Technician, M. C. LaSalle, was unjustly dealt with
and the terms of the Agreement were violated when the Carrier
refused to assign Mr. LaSalle to work Monday, September 4,
1961, which was one of the days in his regular assignment, account it was a Holiday.
2. That accordingly, the Carrier be ordered to compensate Mr. M. C.
LaSalle, eight (8) hours at his regular time and one-half rate.
EMPLOYES' STATEMENT OF FACTS: Non-licensed Electronic Technician, M. C. LaSalle, 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 yard
radio shop, in Los Angeles, California. The claimant has a work week of
Monday through Friday, rest days Saturday and Sunday, and his classification is non-licensed electronic technician. His duties consist of checking,
repairing, removing and replacing radios, music equipment and their component parts on diesel engines, passenger cars and cabooses.
Monday, September 4, 1961, (Labor Day), the claimant was denied the
right to work his regular job on an overtime basis.
This dispute has been handled with the proper carrier officers designated
by the company to handle appeals, with the result that they have refused to
make any adjustments or correct the condition.
The agreement effective August 1, 1945, as subsequently amended, is
controlling.
[57)
4374-16
72
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.
Parties to said dispute were given due notice of hearing thereon.
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.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 20th day of December, 1963.