Form 1
(Advance copy. The usual printed copies will be sent later,)
NATIONAL RAILROAD ADJUSTMENT BOARD Award No,
664
SECOND DIVISION Docket No.
414
2-C&O-CM-'73
The Second Division consisted of the regular members and in
addition Referee Edmund W. Schedler, Jr.,, when award was rendered.
( System Federation No. 41, Railway Employee'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( The Chesapeake and Ohio Railway Company
( (Chesapeake District)
Dispute: Claim of Emplaes:
1. That Freight Car Painter, Quentin Smithy service rights and rules of the
controlling agreement were violated October 6, 1971 account being
furloughed while his regular assigned work is being performed by carmen
in violation of Rules 27 and 31.
2. Accordingly, Smith is entitled to be compensated eight
(8)
hours each
day, five
(5)
days each week (Wednesday through Sunday) at freight car
painters applicable rate, commencing October
6, 1971
and continuing until
such date that Smith is restored to his painter position.
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 employee 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 Hoard has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at
hearing thereon.
This grievance has identical substantive issues as Award No.
6563 s
and
the claim will be denied for the same reasons as given in Award
6563.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
ational Railroad Adjustment Board
Hy. Rosemarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of July..
1973.