NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition
Referee John J. McGovern when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
NORFOLK AND WESTERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Norfolk & Western Railway Company violated
the controlling agreement and past practice of long standing when
on the respective dates of May 6, 1968, May 23, 1968 and June 3,
1968, Car Repairmen were taken out of the Shop and off their
regular assignments, after beginning their tour of duty, and put to
work making air brake inspection on trains in the Yard, while other
employes performed the work of said Car Repairmen's regular assignments on the Shop Track, thus discriminating against said Shopmen and, in effect, nullifying their seniority right to bid on the
type of work preferred.
2. That any such extra inspection work as was necessary to be
done in the Yard on said dates should have been done by the Yard
Inspectors regularly assigned to and available and eligible for such
inspection work, from the train yard extra and overtime board and,
that since this was not done, that regularly assigned yard inspectors
G. W. Kirk, C. W. McKinney, C. J. Bickford and R. M. Lawrence, Sr.,
who were available and eligible for such extra work from the train
yard extra and overtime board, should be allowed a call or two (2)
hours and forty (40) minutes each at the punitive rate of pay because
of such violation and loss.
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.
The parties and the issue presented are identical to those contained in
our Award 6137. We adopt the reasoning of that award and will deny the
claim.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 21st day of April, 1971.
Keenan Printing Go., Chicago, Ill. Printed in U.S.A.
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