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.



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

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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.