Award No. 5150
Docket No. 4951
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the
regular members and in
addition Referee Ben Harwood when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 72, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Sheet Metal Workers)
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
DISPUTE: CLAIM OF EMPLOYES:
(a) That the Carrier violated the controlling agreement and
particularly Rules 18 and 76 thereof, when they assigned employes
from another department to perform Sheet Metal Workers' work of
repairing an oil pipe line to the fuel station at Elizabethport Locomotive Shop, Saturday, February 15, 1964.
(b) That the claimants, H. Bush, Sr. and J. Petorsky, Sheet
Metal Workers employed at Elizabethport Shop, be compensated to
the extent of eight (8) hours each at the rate of time and one-half
for work performed on Saturday, February 15, 1964.
(c) That the Carrier violated the controlling agreement and particularly Rules 18 and 76 thereof, when they assigned employes from
another department to perform Sheet Metal Workers' work of repairing Sheet Metal Workers' work on the same oil pipe line to the fuel
station at Elizabethport Shop on Monday and Tuesday, February 17
and 18, 1964.
(d) The Employes request that claimants, C. Zampetti, E. Kosinski, B. McDonald and J. Shea, be compensated to the extent of eight
(8) hours for each named claimant at their regular established pro
rata hourly rate of pay for the work performed by other than Sheet
Metal Workers on Monday and Tuesday, February 17 and 18, 1964.
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 waived right of appearance at hearing thereon.
Again, in this dispute, we are asked to consider a Complaint charging
violation of the same rules of the same agreement under a state of facts
which in no essential way differs materially from that which concerned pipe
line repairs and installations in Awards Nos. 5148 and 5149. For the reasons
stated in Award 5148, this claim cannot be sustained.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 28th day of April, 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
5150