C:\AWARDS\OUT\2-06998.htm

Form 1 NATIONAL RAILROAD ADJUSTP~M1`TT BOARD Award No. 6995 SECOND DIVISION Docket No. 6820
2-P&BR-CM-'76

The Second Division consisted of the regular menaoers and in addition Referee Irwin M. Lieberman when award was rendered.

( System Federation No. 4, Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Carmen)

(

( Patapsco and Back Rivers Railroad. Company

Dispute: Claim of Employes:

1. That the Patapsco & Back Rivers Railroad Company violated the

controlling agreement wren they improperly assigned Supervisor

G. Dettmore to perform carman mechanics' work on an overtime

basis on November

6, 9,

17; December 6, 1973; and January

15,

1974.

2. That accordingly the Patapsco & Back Rivers Railroad Company be ordered to compensate Carmen A. Casico, J. Baker and J. Dasch in the amount of eight

(8)

hours each at the time and one-half rate,

and R

. Forney in the amount of sixteen (16) hours ?t the time and one-half rate.

Findings: The Second Division of the Adjustment Board, upon the whole reccr d azad 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.

A reading of the record of this dispute reveals that the Claims, as progressed on the property, alleged a violation of the Agreement by certain overtime assignments on November 1, 7, 14, and December 5, 1973 and Januany 9, 1974. The Claims, as presented to the Board allege violations of the Agreement on November 6, 9, 17, December 6, 1973 and January 15, 1974. It is evident that the Claims submitted to this Board are not the same Claims progressed on the property. We have no alternative but to dismiss the Claims. Form 1 Award No. 6998 Page 2 Docket No. 6820 2-P&BR-CM-'76

A W A R D

Claims dismissed. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board 7 By x'~ '~ i Rosemarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 30th day of January., 1976.