Form 1
(Advance copy. The usual printed copies will be
sent
later.)
NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6565
SECOND DIVISION Docket No. 6 16
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 Employes'
( Department, A . F . of L. - C . I. 0 .
Parties to Dispute: ( (Carmen)
(
( The Chesapeake and Ohio Railway Company
( (Chesapeake District)
Dispute: Clain of FUloyes:
1. That Freight Car Painter, Conrad Wheats' 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.
Accordingly. Wheat is entitled to be compensated eight (8y hours each day,
five
(5)
days each week (Monday through Friday) at freight car painters
applicable rate, commencing October 6, 1971 and continuing until such
date that Wheat is restored to his painter position.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
sl the evidence, finds that:
The carrier or carriers and the employe or employee involved in this
dispute
ere 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
and the
claim will be denied
for the same reasons as given in Award 6563.
A W A R D
Claire denied.
Attest: Executive Secretary
National Railroad Adjustment Hoard
Rosedarie Hraach - Administrative Assistant
Dated at Chicago, Illinois, this 23rd
day of July,
1.973.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Second Division