NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the'regular members and in
addition Referee Martin I. Rose when award was rendered.
Parties to Dispute:
Dispute; Claim of
Award No.
7204
Docket No. 6974
2-HB&T-CM-'76
System Federation No. 2, Railway Employer'
Department, A. F. of L. - C. I. 0.
(Carmen)
Houston Belt and Terminal Railway Company
That the Houstqn Bell & Terminal Railway
Company
violated the
contrqlling agreement, particularly Ruled 10 and 22
and
Article V
of the Agreement of April
24, 1970,
when other than coach cleanerg
were improperly assigned to perform coach qleanersv wprk,·on Marsh
17, 18, 19, 20 and 21, 197, Houston, Texas.
That accordingly, the Houston Belt & Terminal Railway Compaz;y be
ordered to compensate Coach Cleaners J. D. Browning, E.
Young
arid
B. Albert as follows:
a) J. D, Browning eight hours
(8')
at punitive rate for
MA
reh 17
(first rest day) and eight hou s
(8')
at double ~~xne rate for,
March
18, 197+
(second restday~;
b) E, Young eight hours
(8')
at punitive rate for Marsh 1!~,(fir*;t
rest day) and eight: hours (~) at., ,double .timie,
PAO .;,q,r. March 2C)t
197+ (second rest
4ay)';~
B. Albert eight hours
(8')
at
punitive rate for March 25,, 197+
(first rest day).
2.
Findings:
The Second Division of the Adjustment Board, upon the whole recor~ and
all, the evidence, finds that:
The carrier or carriers and the employe or employs involved in this
dispute are respectively carrier 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.
Rattier to said dispute waived right of appearance at hearing thereon.
1i'oxm I Award No. 7204
age 2 Docket No.
6974
2-HB&T-CM-'76
The claim is predicated on Carrier's assignment of a laborer to perform
coach cleaners' work on the claim dates even though the Claimants, regularly
assigned coach cleaners whose names appeared. on the coach cleaners' overtime
board, were available to perform this work.
The claim presents facts, contentions and issues substantially similar
to the facts, contentions and issues considered in Second Division Award 7055
which involved the same.parties and the same property. We regard that case as
controlling on the instant dispute. For the reasons indicated in that case,
the claim here must be sustained, and payment of compensation pursuant thereto
shall be made at the time and one-half rate. -
A W A R D'
Claim
sWtained to the extent indicated in the foregoing Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY
o emarie Bra$c
h
- Administrative Assistant
Dated.at Chicago,-Illinois, this 4th day of,.January,
1977.