( (Advance copy. The usual printed copies will be sent later.)
 )rm 1 NATIONAL RAILROAD ADJUST74RTT BOARD Award No. 6523









                ( New Orleans Public Belt Railroad


Dispute: Claim of Employes:

          1. That the Agreement was violated when on February 15, 1971,

          Car Department Bulletin No. 81 wa.s put into effect in violation

          of Rules 2 and 5 of the current Agreement, as amended.


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            2. That under the current applicable agreement, Carman E. Weigand, employed by the New Orleans Public Belt Railroad is entitled to compensation for one (1) hour at the time and one-half rate of pay for. February 15, 16, 17, 18 and 19, 1971, and for each and every day thereafter until claimed violation is corrected, that Carman J. Babin also employed by the New Orleans Public Belt Railroad is entitled to the same benefits for February 20 and 27, 1971 and for each and every day thereafter that he is assigned

            to work Relief Assignment at Race Yard from 7 AZ·i to 4 Phi until I,

            claimed violation is corrected.

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            3. That in the event either Mr. Weigand and/or Mr. Babzn leave these assignments for any reason, the carman and/or carmen working

            a these assignments will be the Claimant's for the days they work said assignments.

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            . That accordingly, the New Orleans Public Belt Railroad be ordered to compensate Carmen 6-;eigand and Babin for one (1) hour at the time and one-half rate of pay for said violation.


          5. That accordingly, in addition to the money amounts claimed herein,

            the New Orleans Public Belt Railroad be ordered to compensate Carmen !,

            Weigand and Babin an additional amount of 6% per annum compounded

            annually on the anniversary dates of February 15 and 20, 1971, i

            respectively.


            6. That accordingly, this claim should be allowed as presented, because the New Orleans Public Belt Railroad did not comply with the time limit under the grievance provisions of the Agreemcnt.


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Form 1 Award No. 6523i'
 Page 2 Docket No. 63M
 2-I-IOPB-CM.-' 73
 Findin--s:
 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 Raili.r ay Labor Act; as approved June 21, 193+.
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 claim is based on an alleged violation of rules 2 and 5 of the Agreement between the parties. The alleged, violations took place when Carrier put into effect Bulletin ho. 81 or- February 15, 1971.

                                                              RULE 2 - 0NE SHIFT i

            "When one shift is employed., the starting time shall not be Iwo

            earlier than 7 o' clock>. nor 1 ater than 8 o'clock. The time and

            length of. the lunch period shall he arranged by mutual agreement."


                      RULE 5 - UId1TORM CO-Tv"WiMICUTG AJ;D QUITTING


            "The time established for commencin-g and quitting work for all men on each shift in either the Car or Locomotive Department shall be the same at the respective: poil:ts but :-:Acre three shifts are worked by running repair forces, .1.n3 ti-=o shifts

            by back shop forces, the quitting tire of tie f l.rst shift and the commencing and quitting time of the secl%·rc' shift of back shop forces ;rill be governed by the proviions of R~)1e 3. . (Exception --- It is agrced that three. eight hour shifts may be established under the provisions of Rule It IF. or tae er:nloyees necessary to the continuous operation of Power Ho=es, ?:ill

            Wr.Cht GanE;s, Heat Treat-:?leg Plants, Train year:', ru,:-ming rCr,'j.ir i

            and inspection forces w_i.~:hout extending the provision of hu_le J+

            to the balance of the shop force.)"

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Form 1 Award Pto, 6523
 wage 3 Dochet No. 6388
 2-NOPB-CM-' 73

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                      BULLETIN N0. 81


            "T0: ALL BULLETIN BOARDS


            Effective at 7:00 A.M. Monday, February 15, 1971 the following Carmen-Inspector Assignments are abolished:


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            AS S IGTn4ENT HOURS

            Race St. - Mon. - Fri. 7:00 A.t:11.

            ~ - 3:U0 P.M. B. Weigand

            Race St. - Mon. - Fri. '

      3:00 P.M. -11:00 P.1·_'. . A. F indorff

      Race St. - Mon. - Fri. 3:00 P.M. -11:00 P.M. F. Lendio

      Race St. - Tue. - Sat. 11:00 P.M. - 7:00 P.M. E. Cuchmarsz

      Claib. Yd - 1 4on. - Fri . 3:00 P.M. -11:00 P.M. L. C~uigley

      ' lZ.^li.ef Assif-n:-i;-^nt ,r,'3

            Claibo R^i)air Track 7:00 A.M. - 3:30 P.M.

            Wed., Thurs., Fri, J. Limbarg

            Race St. Sat. 3:00 PM - 11:00 PEI J. Limbarg

            Race St. More. 11:00 Pi·i - 7:00 AT4 J. Lirnbarr-;

            Relief Assigrjmcnt ~5

            Claim b. Repair Track 7: 00 Ai4 - 3 : 30 PM

            Turn, -led., Thurs. Je B:,bin

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            Race St. Sat. 7:00 AM - 3:00 n4I J. Babin

            Claib. Yd. 1-ionc 7:00 AM - 3:00 FT-1 J. Babin


            Applications will be recei·:ed at the office of tb.e Superintendent, car Department until 10:0U AM Friday for the following Carman-inspector AssiGnments:

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                (1) Carmaxi-Inspector, Race St. Yard, hours 7:00 AM to I+:CO rm, with (1) one hour lunch period between 12:00 Eoon and 1; 00 PIA, Monda;r thru Friday, rest days Saturday and Sunda:;,,


                (2) Carman-inspector, Race St. Yard, hours I+:00 F:,: to 12:00 1'i.:, irith 20 minutes allowed for lunch, Yonday throuLih Friday, rest day , Saturday -and Sunday.


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Form 1 Award No. 6523
 Ptrge 4 Docket 1Io. 63SEi
 2-NOPB-M',-' 73
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            (3) Cayman-Inspector, Race St. Yard, hours x+:00 rm to 12:00 PM, with

            20 minutes allowed for lunch, 1Fonday through Friday rest days,

            Saturday and Sunday.

            (1+) Relief Assignment #3 Cayman-Inspector relieving on Assignments

            as follows:

            Tuesday, Wednesday, Thursday and Friday, Claiborne Repair

            Track, hours 7:00 Id,! - 3:30 PIAl, with 30 minutes lunch period.

            Saturday, Race St. Yard, hours 1+:00 R-1 to 12:00 RR, with

            20 minutes allowed for lunch. Rest days, Sunday and

            Monday.


              (5) Relief Assiarzaent #5 - Caxraan-Inspector Relieving on assigmnents as follows:


                        pionday - Claiborne Yard. hours 7:00 AP.2 to 3:00 P1i with 20 minutes allowed :nor 1,,mch.

                        Tuesday, Wednesday and Thuxt->day., Claiborne Repair Track, hours 7: 00 AM to 3:30 FM, i-, ith 30 minutes lunch pcrio :.

                        Saturday, Pace St. Yard, hours 7:00 AM to 4:00 F:i, with (1) hour lunch period between 12:00 Noon and 1:00 Pti. Rest days, Friday and Sunday.


            Successful bidders will be assip;ncd to these assignments effective 7:00 A?.1, Monday, February 15, 1971."


The Organization alleges that the Carrier failed to timely deny the claim under the tine limit rule and that it should be sustained as presented. The Carrier denies any procedural defect.

 On July 10, 15'71 the General Chairman wrote an ap-;~eal letter from the Carrier's initial denial of the clam-r. On October 18, 19;1, the General Mairraari wrote the Carrier again asking that the clay= be allowed as p=esented in that tine titre lireit had e;:pircd. On October 22, 1971_, the Carrier respond-d to the effect that a previous letter upholding the denial had been scnt on fugtzst 31, 1971. A copy of a denial letter dated Aj~rrfus t 1+, 1971, was attached.
 Form )_ Award I;o. 6523
 Page 5 Docket Vo. 60.83
 2-hTOIIB- CT :-' 7 3;

 We find that the Carrier ha.s not proved that its notice of denial eras received by tha G=ncrz;1 Chair::;rl within tile: s :i:;;;y (00) day tivc- limit. Accord _nC;ly., w=c s'lall alloy -L-,h,- claiia as presented Without intCrest froM February 15., 197.3_ t"o October 22, 1971. Sec u,~rfxd I:o. 11853 (Lc-,Ii 1.1. H an). Any award male t-ihich vrould cover the period subsequent to October 22, 1971 must be n.;de on the :merits of the case.

 ine Cra,v,-:7:-·cr, of the cowuplaint is that the Da3.letin created differing COJllllC:n^iIl(; and/ox- Cuitting taJ:lc,^..^.. for tile Cc'.xr:on-Inspectors at Race Yard opposed to other '%"at'men-Tnst ectors assi~.r:ents on the Carrier in violation o? the proper application of Rtale 5. Rule 2 :is not applicable in that more than one shift .is employed at Rkce Yard.
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        In order for the clai.r: ants to f~rc~vr:.il, it inus t first be established

that the v~ar ous locations on the: Carrier ' s property constitute v s
                                                1~1~.C: uO::Ylt.


(See RILL.:' 5). s
 ITC wrC LLn-ble to f ,n-I evi0.cnee to suj;rort such a conclusion. The quC-taon of ::hcther 11-he Carrier's entire ~t~'::2'~.t:?_CJl:i are cons.'IIJnrc~-.d~ to b!.' carricd on %.t a ,"l'a~;le 'oo=int vrc^.s decided ill the negative ill. ~1:r~:=~: 511!8 "::ii:C:n)
 Ianich lr.; :~; d was bctv eon ::y-.e s<~:~le p.xties. Accordin-h; , v re can f -,--id no basis j
 for a .,,u-tcJLninr-,- avrard for the period subsequent to October 22, :3.971.

                            AW A R D


        Claim sust^incd in part and denied in part, in accordance with the


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                            I?t'1TIOI'AL PCLIZ.ROAD ADJU'"T:-::7a'IT FOP.PJ

                            By Order of Second Division


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Attest: ef

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' I-ecu;ive Secretai"~

 Dated a;;-.Chicago, II.linois, this 18th day of June.. 19730

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