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Award No. 5993
Docket No. 5836
2-GN-CM '76
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. 101, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
GREAT NORTHERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement, Carman-Helper John
Duetsch was improperly used to temporarily fill the position of
Rip Track Foreman James M. Darst, who was absent on date of
February 12, 1968.
2. That accordingly, the Carrier be ordered to additionally
compensate Freight Carman William Rasmussen the difference between what he earned as a Carman and what he would have earned
if assigned to fill the position of Rip Track Foreman James Darst
on date of February 12, 1968.
EMPLOYES' STATEMENT OF FACTS: At its Jackson Street Freight
Repair Track, St. Paul, Minnesota, the Great Northern Railway Company,
hereinafter referred to as the Carrier, employs Carman-Helper John Duetsch
to supervise the Laborers on the Repair Track. When Assistant Car Foreman James Darst was absent on date of February 12, 1968, the carrier
assigned Carman-Helper John Duetsch to fill the position of assistant car
foreman.
Carman William Rasmussen, hereinafter referred to as the claimant, is
regularly assigned as a freight carman Monday through Friday, with rest
days of Saturday and Sunday, and was available to fill the position of
Assistant Foreman James Darst.
This dispute has been handled with all officers of the carrier designated
to handle such disputes, including the highest designated officer of the
carrier, all of whom have declined to make satisfactory adjustment.
The Agreement effective September 1, 1949, as subsequently amended,
is controlling.
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. 5992, 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, Ill. Printed in U.S.A.
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