(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMIT HOARD Award No.
6462
SECOND DIVISION Docket No.
6315
2-KCS-CM-'73
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( System Federation No.
3,
Railway Employes"
( Department, A. F. of L. - C. I. 0. -
Parties to Dispute: ( (Carmen)
(
( The Kansas City Southern Railway Company
Dispute: Claim of L~nployes
(1) That under the current agreement, Car Painters A. G. Tims, J. M.
Gallager, R. T. Cleffman, and Carmen Apprentices W. R. Riley.,
R. D, Goodman, R. E. Lavery., and J. bi. Rodgers were improperly
denied their right to urork on their respective regular positions
on May 19, 1971.
(2) That the Carrier be ordered to pay each of the above named Claimants
one day's pay.
Findings
The Second Division
or
the Adjustment Board, upon the whole record and all
the evidence, finds that:
Me carrier or carriers and the employe or a"loyes involved in this dis
pine
are re:pec.:i,rely carrier and. employe uithin t'.-a rcanLng oz" the Railway Labor
Act -:,s approved June 21,
1934.
This Division of the Adjustment Board has
jurisdiction
over the dispute
involved herein.
Pariies to said dispute raived
rirht
of a pgearance at hearing thereon.
The clair! as presented bar the Organization
is based upon an interpre
tation of a Join(-, Resolution of. Congress, signed into la:~ by President Nixon,,
and the allegred -violation thereof. The claim as presented on the property was
t'.3).'11 Faint ers A . G . Tuns, J.
11,11.
Gallager, R. F. Cleffman and Carmen Ar prentices
W. R. Pile-v, R. D.
Goodman,
R.
E. livery nn.J. M. Ro0gers are
entitled to eight
(8)
hours ~:ay at th-ir pro rata rate "or t',ay J_9, ?971, due to SJ Resolution U. S.
laws ;,assed by Con-rcs >ionai. he i.slation ::ay h, 7.971, prohibiting
the further
st
r5_lC',_ng
h-the :rctbcrho^:! of l~il.l·i~4·'
Sign'^.If:e:1
fin'a
~.C~^~::'lI':S
by the carr
iCI'S
» n.i. p 7
n
Form 1
Page 2
Award No. fih62(,
Docket No: 6315
2-KCS-CM- `73
This Board is not empowered to interpret .the: laws of Congress. That is
a function of the Courts or.other designated. tribunal. We have no discretion in
the matter nor may we advise the parties
on
the course to be pursued to obtain the
desired
interpretation.
The
parties
shall not, however, be prejudiced and their
rights shall not
be disturbed by our inability
to
act in this matter. Denial of
relief
herein shall,
therefore, be
without prejudice.
A W A R D
Claim denied in accordance with findings.
NATIONAL RATLRt-AD ADJUST?-:Ewi BOAED
By Order of Second Division
Attest
Executive '~Ocrejk-'ary
Dated at Chicago, Illinois, this 27th day or
February,
x973.