_' Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6785
SECOND DIVISION Docket No.
651+1+
2-C&O-CM-'74 .
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas 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: Claim of Employes:
1. That the senior furloughed bonafide carman, Billie M.
Trump was unjustly held from recall to work at Elk Run
Junction on October 22, 26, 28, November 4 and 10, 1971,
when junior employe, Carman tentative, Dale P. Michaelson
was called and utilized for work on said dates in violation
of Rules 27 and 272 of the Shop Crafts Agreement.
2. Accordingly, bonafide carman, Billie M. Trump is
' ~_._ _ entitled to be compensated eight (8) hours at carmenf s
applicable straight time rate for each date, October 22.
26, 28, November
4
and 10, 1971 in lieu of said violation.
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 employe 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 dispute waived right of appearance at hearing
thereon.
The facts in this dispute are identical to those in companion
Award No. 6784 and need not be repeated.
This dispute concerns the senior carman
who
was not called to
perform the work. The Organization asserts that this was in
violation of Rule 27(c) which reads in pertinent part:
Form 1
Page 2
Award No. 6785
Docket No. 6544
2-C&O-CM-'74
"In the restoration of forces senior laid off
employees will be recalled ..."
It is clear from this record that the Organization's reliance
on Rule 27(c) is misplaced. There is no showing that during the
claim period there was a "restoration of forces," and the claim
must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
RRoo emarie Bh - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of November, 197+.