Award No. 6290
Docket No. 6133
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. 1. 0. (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 Carman M. M.
Cooper, North Little Rock, Arkansas, the right to work his regular
assignment on Friday, April 10, 1970.
2. That accordingly, the Missouri Pacific Railroad Company be
ordered to compensate Carman Cooper in the amount of eight (8)
hours at the punitive rate for April 10, 1970.
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.
This case involves the same principle as in our Award No. 0288. The
facts are no disputed. Claimant who was off on his birthday holiday was
deprived of the opportunity to work when another man was assigned in his
place.
The claimant's submission does not set forth the claim for interest
referred to in Carrier's submission, page 2, and none is allowed.
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 4th day of May 1972.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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