Form 1 NATIONAL RAILROAD ADJUSTINT BOARD Award No. 69:7
SECOND DIVISION Docket No.
6729
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( International Association of Machinists
( Penn Central Transportation Company
Dispute: Claim of Employes:
1. That the Carrier violated the controlling agreement when it
failed to apply the provisions of Rule 2-A-le, fourth paragraph,
when it assigned Claimant to the performance of work not
ordinarily included in his regular assignment for a period of
four (4) hours or more at the location of his regular assignment
2. That the Carrier violated the controlling Agreement on June 30,
1971, when it failed to comply with the provisions of Rule
4-0-1, (A)-(B)-(C) (the provisions of this Rule are in fact,
Article V of the National Agreement, dated August 21,
1954),
when at the second level of the grievance procedure, the
i grievance was denied on form letter AW859, which gives no
reason in writing.
3.
That the Carrier be required to compensate the designated
Claimant for three
(3)
hours pay at the Grade "E" rate for
April
8, 1971.
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.
Form 1 Award No. 6927
Page 2 Docket No. 6729
2-PCT-14A-75
The Board finds that the organization has failed to show that Claimant
worked more than the required four hours as is required by the February
10, 1965 Agreement between the parties. Having so found, it is unnecessary
to make any determination as to whether the work performed was part of
Claimant's assigned duties.
As to the procedural question presented,the Board finds that
Decision No. 18 of the National Disputes Committee involving Article V
of the August 21,
1954
National Agreement supports Carrier's position
that the declination was proper under the rule.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
J~
Rosemarie Brasch - Administrative Ass' tant
Dated at Chicago, Illinois, this 2nd day of September, 1975.