Form 1
Pa8e 3
Award No. 6739
Docket No. 6437
2-sPT( PL)-cxt-' 74
A W A R D
Claim sustained in part and denied in part per Findings herein.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Boazd
By
0seTnarie Brasch Administrative Assistant
a=
Dated at Chicago, Illinois, this 18th day of July, 1974.
. Form 1 NATIONAL RAILROAD
ADJUSTMENT
BOARD Award No. 6740
SECOND DIVISION Docket No.
6+38
2-TRRAofStL-MA-''j4
The Second Division consisted of the regular members sad in
addition Referee Nicholas H. Zumss when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
~ .
( Terminal Railroad Association of St. Louis
Dispute: Claim of Employes:
1. That the Terminal Railroad Association of St. Louis violated
the controlling agreement, particularly Rules
6
and 14,
when Machinist C. Lynch was required to work his rest day,
January 25,
1971,
in the Track Department, and then on
January 26,
197., was required to work his regular assignment,
sad also required to work the shift of his farmer job, or a
total of sixteen hours (16') overtime on January 25th and
26th, 1971, but was only paid the straight time rate.
~-- ,~
2. That accordingly, the Terminal Railroad Association of St.
Louis be ordered to compensate Machinist C. Lynch in the
-~ amount of eight
(8')
at punitive rate for January 25, sad
eight hours
(8')
at punitive rate for January
26, 1971,
sad
in addition to the money amounts claimed the Carrier be
ordered to compensate Machinist Lynch is the additional
. amount of
6%
interest, compounded annually on the anniversary
date of the claim. .
Findings:
The Second Division of the Adjustment Eoard, upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employs or employee involved in
this dispute are respectively carrier and employs 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 disZute waived right of appearance at hearing
thereon.
Form 1 Award No. 6740
Page 2 Docket No.
6+38
2-TRRAofSTL-MA-'74.
In Second Division Award No.
6657,
the Hoard said:
"A review of the claim as it was handled on the property
and as submitted to this Board reveals that the claim. as
originally submitted was changed on the property and
further amended when it was presented to this Board.
It is our opinion that the-claim now before us is
substantia3,Z~y at a variance with the claim handled
on the property. Consequently, we are left no
alternatives other thaw to conclude that the claim is
procedurally defective as it violates Section
3,
First
(i) oP the Railway Labor Act, compelling a~dismissal
without reaching the merits thereof."
The Board finds that the same situation obtains in the instant
dispute, and a dismissal is required.
AWARD
Claim dismissed.
NATIONAL RAIIRQAD
ADJUSTMENT BQARD
By Order of Second Division
Attest: E~necutive Secretary
Natiooial Railroad Ad3ustment Hoard
R emarie Broach - Administrative Assist8at
Date at Chicago, Illinois, this 18th day of Jnly, 1974.