Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6943
SECOND DIVISION Docket No. 6731
2 LI-EW-'75
The Second Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
- ( System Federation No. 156 Railway Employes' Department
( A.F.L. - C.I.O. - Electrical Workers
Parties to Dispute: ( (I.B.E.w. Local Union No. 589) -
(
( The Long Island Rail Road Company
Dis2ute: Claim of Emploves:
That Electrician (Power Operator) T. J. Ayres, IBM #17536, be
compensated wages and penalties due him from November 23, 1972 to
and including November 29, 1972 due to management's violation of
the working agreement by not awarding Mr. Ayres, who was the senior
bidder, position #69 on Bulletin #27-72 which was posted 9:00 A.M.
October 26, 1972 and which closed October 31, 1972. The monies
Mr. Ayres is claiming totals one hundred eighty-six dollard and
seven cents ($186.07).
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 were given due notice of hearing thereon.
The Organization contends that Carrier violated the applicable
Agreement by refusing to award Claimant the position of Electrician-Truck
Driver despite the fact that he was the senior bidder, but instead awarded
the position to a junior Electrician. An identical dispute involving the
same parties (and Claimant), Agreement provisions, positions of the parties
and virtually identical facts was considered by this Board in Award 6939.
For the reasons indicated in that Award the instant Claim must similarly be
sustained.
Form 1
Pa ge 2
A WA R D
Claim sustained *
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 6943
Docket No. 6731
2-LI-EW-'75
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By f
f.~'~- - _.._
Rosee6arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of September, 1975.