(Advance copy. The usual printed copies will be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6473
SECOND DIVISION Docket No. 6363
2 L&1-CM-' 73
The Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was rendered.
( System Federation No. 3, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen) _

(

( Louisiana & Arkansas Railway Company

Dispute: Claim of Emuloy~s:

1. That under the controlling agreement as amended, Carmen Joseph J. Picone, R. G. Stouder, Billy J. Bridges and Ronald P. Babin were arbitrarily denied the right to work their regular assignment lay 19, 1971.

2. That accordingly, The Louisiana & Arkansas Railway Company be ordered to compensate the above named Carmen in the amount of eight (e) hours each at the pro rata rate for May 19, 1971.

Findings:

fte seooa& 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.

Eleven (11) carmen were employed by Carrier in the repair force on the day shift. Service was partially restored on May 19, 1971. Seven (7) of the eleven carmen were restored to service on May 19, 1971. Claimants were not among the seven.

Therefore, in line with this Board's position as stated in Award Nos. 6411

and 63+12, reading: j

i Award No. 6411:

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"This Hoard must make its position clear, however, in that animus generated by a strike will not be permitted expression in vindictive withholding of work under the open-ended language of this Rule."

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Form 1 -2- Award No. 6473
Page 2 Docket No. 6363
2-L&A-CM-'73

Award No. 6412:

"Although we have no basis for questioning the motivation

of the Carrier in this case, we must emphasize that we will

not condone the punitive extension of any temporary lay-offs

caused by strikes."

We feel from the facts of record and the rules of the controlling

agreement, Carrier's action was not unreasonable or contrary to the rules.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division

Attest:

Executive Secretary -

Dated at Chicago, Illinois, this 30th day of April, 1973.

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