Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7245
SECOND DIVISION Docket No. 7021-T
2-BNI-CM-'77
The Second Division consisted of the regular members and in
addition Referee C. Robert Roadley when award was rendered.
( System Federation No. 7, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Burlington Northern Inc.
Dispute: Claim of Employes:
1) That the Burlington, Northern Inc. violated the provisions of
Rule 98(c) when it assigned Laborer Robert iodl to perform carmen
helpers' work on cabooses at Northtown Caboose Track, Minneapolis,
Minnesota.
2) That accordingly the Carrier be ordered to compensate the following
named camen helpers eight (8) hours each at the time and one-half
rate on each date shown following the claimants' name:
CLAIMANT DATES OF CLAIM
M. R. Hammer April 11-12-18-19 of 1974
May 2- 3- 9-10 of 1974
P. L. Ramirez April 13-20 of 1974
May 4-11 of 1974
T. N. Richardson April 15-22 of 1974
May 6-13 of 1974
C . K. Peterson April 14-28 of 1974
May 5 of 1974
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 approvec; 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.
Form 1
Page 2
Award No. 7245
Docket No. 7021-T
2-BNI-CM-`77
With the exception of claim dates this dispute is identical to that
covered by Award No. 7244 involving the same parties, the same issue,
and the same claimants. Additionally, the partisan submissions in this case,
with the exception of minor and immaterial differences, are identical to
their submissions in Award No. 7244.
Therefore, there being nothing of material substance to justify a
departure by the Board from its detexznination in Award No. 7244 we will
dismiss the claim herein.
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
;osemarie B rasch - Administrative Assistant
Dated at Chicago, Illinois, this 11th day of March, 1977.