Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6791
SECOND DIVISION Docket No.
6635
2-C&o-MA-t74
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
The Chesapeake and Ohio Railway Company
( (Chesapeake District)
Dispute: Claim of Employes:
1. That Machinists R. L. Rose and B. 0. Carpenter were
transferred from the first shift to the second shift
at the instance of the company on August
29,
1972.
2.
That accordingly, Machinists R. L. Rose and B. 0.
Carpenter should be compensated in the amount of four
hours pay each, at the straight time rate of
$4.99
per
hour.
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 question to be determined in this dispute is whether
Claimants transferred from first shift to second shift at the
insistence of Carrier (entitling them
to
"shift pay" under Rule
13(a) of the Agreement), or whether it was a transfer through the
exercise of seniority (which does not entitle them to "shift pay").
The Board finds that the claim must be sustained. Even if the
positions had in fact been abolished as Carrier contends (and there
is no evidence that they were), it is unrefuted that Claimants were
not so advised nor was a copy furnished to the Local Chairman.
Under these circumstances the position of the Carrier is without
merit.
Form 1 Award No.
6790
Page 2 Docket No. 6635
2-C&O-MA-'74
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
R semarie Brasch - A Eistrative Assistant
Dated at Chicago, Illinois, this 25th day of November,
1974.
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