°orm 1 NATIONAL RAM= ADJUSTMENT BOARD Award No. 7016
SECOND DIVISION Docket No. 6798
2-LI-EW-176
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
( System Federation No. 156, Railway Employes'
( Department, A. F. L. - C. I. 0. Electrical Workers
Parties to Dispute: ( (I.B.E.W. Local Union No. 589)
(
( The Long Island Rail Road Company

Dispute: Claim of Employes: .

1. That the Long Island Railroad Company violated Article V of the August 21, 19114 Agreement when the Carrier's highest officer, Mr. W. L. Schlager, Jr. failed to decline in writing within the 60 day time limit the claim in behalf of Electrician (Power Operator) ~J. Meehan for wages and penalties due him from January 19, 1.973 to and including February 6, 1973. Claim was submitted to rlr. Schlager on May 22, 1973, acknowledged by Mr. Schlager orgy June 20, 1973 and denied by Mr. Schlager 63 days later on July 24, 1973.

2. Without waiving the Employes' position with respect to the

._.' Long Island Railrced Company's violation of Article V, Elec-

trician J. Meehan claims compensation for wages and penalties

due him from January 19, 1973 to and including February 6,

1973, due to management's violation of the working agreement

by not awarding Mr. Meehan, who was the senior bidder, position

476 on Bulletin #r29-72 which was posted 9:00 A.M. November

20, 1972 and which closed November 28, 1972. The monies

Mr. Meehan is claiming totals four hundred twenty-seven dollars

and sixty cents ($427.60).

3. That, accordingly_ Electrician J. Meehan be awarded position 476 on Bulletin 429-72 effective 9:00 A.M. November 29, 1972 and also be compensated $427.60 for wages and penalties due him.

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.
'orm 1 Pa ge 2

thereon.

Award No. 7016
Docket No. 6798
2-LI-EW-' 7b

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing

This is one of several cases involving the same parties and the decision depends upon the answer to the question: does the Maintenance of Way Agreement or the Maintenance of Equipment Agreement apply:

We have reviewed the awards 6885, 68863, 6887, 6939, 6942, 6943, and 6976 along with Award No. :L of Public Law Board No. 913. All of these awards conclude that the Maintenance of Equipment Agreement is applicable and it necessarily follows than they sustain the claim. We reach the same conclusion here and the claim must be sustained.

A W A R D

Claim sustained to the extent indicated in the Findings.

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

7r~

Ro
] s~marie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 16th day of March, 1976.