.x.365 Award No. 5991
Docket No. 5816
2-SLS'W-(CM)= 70





The Second Division consisted of the regular members and in

addition Referee Nicholas H. Zumas when award was rendered.




SYSTEM FEDERATION NO. 45, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)










EMPLOYES' STATEMENT OF FACTS: The St. Louis Southwestern Railway Lines, hereinafter referred to as the Carrier, maintains at Pine Bluff, Arkansas, a hump-yard, commonly known, as "The Gravity Yard", a portion of which is designed for making up, inspecting and running of trains through this terminal, and in addition a portion of the yard has been set aside for a Spot Repair Track and Cleaning Track. On the Spot Repair Tracks, running repairs are made to cars bad-ordered by Car Inspectors in the inspection yard, and cars are repaired, cleaned, and upgraded on the Cleaning Track for loading of paper and grain. Dock 10, which is about a quarter of a mile southwest of the Cleaning Track, is used for making minor repairs, cleaning, and servicing DF cars, and employes assigned to the Cleaning Track work this area.


Prior to August 2, 1967, the shifts and number of Carmen employed in the Pine Bluff Gravity Yard working seven days a week, were as follows:





Spot Repair Track Carmen & Welders 16 15 15

Cleaning Track Carmen & Welders 10 None None

Car Inspectors 19 20 23

Carrier respectfully submits that the claim is not supported by the rules, and requests that it be denied.

    (Exhibits not reproduced.)


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 question to be determined in this dispute is identical to that in Award No. 5990, and the Board is governed accordingly.


                  AWARD

    The Claim is denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 24th day of September, 1970.

Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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