Form. 1 NATIONAL RAILROAD ADJUSTMENT BOARD Avard No. 6865
SECOND DIVISION Docket No.
6722
2-L&N-SM-'75
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That the Louisville and Nashville Railroad Company violated the
controlling Agreement, particularly Rules 30(a),
87
and Appendix:
B-19 effective April
8, 1046
at Louisville, Kentucky, on
January 1,
1973
when they improperly assigned Machinist and
refused to fill holiday positions from overtime board.
2. That accordingly the Louisville and Nashville Railroad Company
be ordered to compensate Sheet Metal Workers J. R. Richardson,
J. C. Hayden and G. P. Bryant eight (8) hours each at the punitive
rate of pay for such violation.
finaLgs
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 were given due notice of hearing thereon.
The Organization asserts that Carrier violated the Agreement between
the parties when it refused to call the overtime board to perform work on
a holiday and assigned such work to other than Sheet Metal Workers.
There is nothing in th-is record of any probative value to show that
any sheet metal work was rerfo;--red by other than Sheet Metal Workers (in
this case Machinists). This Board has held on numerous occasions that
mere assertion is insufficient to sustain a, claim.
A W A R D
Claim denied.
Form 1
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
By
Rqsemarie Brasch - Administrative Assistant
Dated /`at Chicago, Illinois, this
16th
day of May,
1975.
Award No.
6865
Docket No.
6722
2-r&N-sM-'
75
NATIONAL RAILROAD ADJUSTMENT BOAR
By Order of Second Division