C:\AWARDS\OUT\2-07265.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7265
SECOND DIVISION Docket No. 7076
2-LT-USWA-'77

The Second Division consisted of the regular members and in addition Referee Joseph A. Sickles when award was rendered.

( United Steelworkers of America, AFL-CIO

Parties to Dispute:

( The Lake Terminal Railroad Company

Dispute: Claim of Employes:

(1) That, under the controlling Agreement, Car Repairman Helper

Messer's contractual rights were violated when the Carrier

assigned (forced) him to a

3:00

P.M. to 11:00 P.M. shift as a

Car Repairman even though the Carrier had received an application

from a qualified Car Repairman Helper, J. Cruz. The Carrier's

assignment of Mr. Messer is in violation of Rule 30(c) and

Rule

16(z).

(2)

That, accordingly, the Carrier be ordered to compensate Mr. Messer eight

(8)

hours pay at the Car Repairman Helper's rate, in addition to all other earnings, beginning with July

29, 1975,

up to and including August

15, 1975,

as penalty for the enumerated violations.

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.

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

Parties to said dispute waived right of appearance at hearing thereon.

This dispute has been treated by the parties as a companion case to the dispute in Award No. 7264. Our review of this Docket compels us to conclude that our Findings in .ward No. 7264 are equally applicable here, and our sustaining Award in that case dictates the same result here.

A W A R D

Claim sustained. Form 1 Award No. 7265 Page 2 Docket No. 7076 2-LT-USWA-'77 NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By emarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 5th day of April, 1977.