NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 10, RAILWAY EMPLOYES'
DEPARTMENT, A.F. of L.-C.I.O.
(Carmen)
THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That other than carmen were used to operate D8 caterpillar
tractor with side boom to lift and rerail cars at McCoy, Colorado
on January 22, 1967.
2. That a maintenance of way man operated this D8 caterpillar
tractor with side boom in place of the carman who was appointed to the position of wrecker engineer.
3. That the regularly assigned wrecker engineer, Carman M. S.
McKinley be compensated seventeen and one-half (17 1/2) hours
at straight time rate. The same as the other carmen received that
were at the wreck.
4. That the carrier used this D8 caterpillar tractor in place of the
regularly assigned wrecker derrick at Denver, Colorado and that
they cease and desist from using other than carmen to operate
this machine when it is used to repair, rerail, or for clearing
wrecked cars from the scene of the wreck.
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.
The claim involved in this dispute was denied by Carrier's highest designated appeals official, the Director of Personnel. on November 6,
1967.
The claim was filed with the National Railroad Adjustment Board on
September 4, 1968...over nine months after the claim was finally denied on
the property.
For the reasons set forth in Award No. 5858, involving the same parties,
the claim is barred from the Board's consideration on the merits.
AWARD
The claim is dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 12th day of March, 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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