ass Award No. 6098

Docket No. 5918

2-MP-CM-'71

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Don J. Harr when award was rendered.

SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L. - C. I. O. (Carmen)

MISSOURI PACIFIC RAILROAD COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That the Missouri Pacific Railroad Company violated the

Agreement of November 21, 1964, when they deprived Car Inspector M. G. Wells, Little Rock, Arkansas, the right to work his regular assignment on October 22, 1968.

2. That accordingly, the Missouri Pacific Railroad Company be

ordered to compensate Car Inspector Wells in the amount of eight (8) hours at the punitive rate for October 22, 1968.

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.

The facts, issues and rules involved in this claim are identical to those contained in Award No. 6094 of this Division. The present Referee participated in that Award. We held in that Award that previous Awards of this Division were controlling. Our position in this Award is reaffirmed and the claim will be sustained.

AWARD