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Award No. 4968
Docket No. 4755
2'-CNO&TP-CM-'66
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular
members and in
addition Referee Howard A. Johnson when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC
RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Carrier violated the controlling Agreement by furloughing Carman W. J. Kelly at Somerset, Kentucky, and transferring or sending Carmen from Danville, Kentucky to Somerset,
Kentucky, to perform the work performed by Carman Kelly prior
to being furloughed.
2. That the Carrier be ordered to discontinue said violations
and pay Carman W. J. Kelly for five (5) days pay for August 8-9,
1963, five (5) days pay for August 16 and 20, 1963, five (5) days
pay for September 13, 1963, five (5) days pay for September 26,
1963, and five (5) days pay for each additional violation until said
violations cease.
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.
Except as to dates involved, the parties, Agreement and facts of this
claim are identical with those concerned in Award 4966 and necessitate the
same conclusion.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 14th day of October, 1966.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
4968 2