Form 1 rdATI07AL F,AIL?RC_AD ATJTUSTM7 BCARD Award !,To.
65851
SECOM DIVISION Docket l~o. 6424
2-C&O-CM-'
73
The Second. Division consisted. of the regular merabers and in
addition Referee iplichol^.s H. zlumas ,,Then award was rendered.
( System Federation
140.
41, Railway Employes'
( Depart=ment, A. F. c,f L. - C. I. 0.
Parties to Dispute: ( '(Carmen)
(
( The Chesapeakc and. Ohia Railway Company
( (Chesapeake District)
Dispute: Claim of Employes
1. That the service rights.of Freight.- Car Painter, Herschel Nelson and Roger
Neal and rules of the Shop Crafts Ccntrollinb Agreement were violated,
account being iurlouthed from their regular assiC ned painter i o
sitionj
October 6, 1971 while Carralen have been assigned
to
perform the painters
work, in violation of Rules 27 and
31.
2. Accordingly, Nelson and Eeal are each entitled to be restored to their
respective freight car painter positions.
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 employes involved in this
dispute are respectively carrier and employ e within the meaning of the Railway
Labor Act as approved June 21,
1934.
involved herein.
Thiq Division of the Adjustment Board has jurisdiction over the dispute
Parties to said dispute waived right of appearance at hearing thereon.
In A;Mrd No.
6563
involving the same parties to this dispute, the identical
issue was considered and the claim denied by this Division. ?rte are satisfied that
the award
waS
proper. .
A W A R D
Claim dented.
Attest: Executive Secretary
National Railroad. Adjust-lent Board.
Pu':TIONAL RAILROAD ADJMrME17j BOARD
By Order of Second Division
noaemar ie 3rasc- - hdmini: tra.tive Assistant
Dated at Chicago, Illinois, this 15th day of November,
1973.