Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6977
SECOND DIVISION Docket No. 6857
2-BNI-CM-'76
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
Patties to Dispute:
Dispute: Claim of Employes:
System Federation No. 7, Railway Employes'
Department, A. F. of L. - C. I. 0.
(Carmen)
Burlington Northern Inc.
1. That Car Inspector M. D. Burkhart was improperly compensated under
the terms of the current agreement for January 1, 1974, while on
vacation.
That accordingly, the Carrier be ordered to additionally compensate
said Car Inspector in the amount of four (4) hours at the straight
time rate.
2.
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 cattier and employe within the meaning of the
Railway Labor Act as approved June 21, 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived xgYlt of appearance at hearing thereon.
The basic issues and elements in this case are essentially the same as
those contained in that case between these same parties which resulted in
our Award No. 680+. We do not find Award 680+ to be palpably erroneous.
It is controlling herein and the claim will be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
emarie Brasc -Administrative Assistant
Dated at Chicago, Illinois, this 9th day of January, 1976.