C:\AWARDS\OUT\2-07294.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 729+ SECOND DIVISION Docket No. 71+9 2-MP-CM-'77

The Second Division consisted of the regular members and in addition Referee David P. Twomey when award was rendered.

( System Federation No. 2, Railway Employer'

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

Parties to Dispute: ( (Carmen)

(

( Missouri Pacific Railroad Company

Dispute: Claim of Employer:

1. That the Missouri Pacific Railroad Company violated the controlling agreement, particularly Rule 117 and 26(a) when employes from McCormick Painting Company were assigned to perform carmen painters' work at Pike Avenue Diesel Shop, North Little Rock, Arkansas, on January

1975.

2. That accordingly, the Missouri Pacific Railroad Company be ordered to compensate Carmen Painters B. W. Wigginton, T. J. Hillis and A. F. Fithen in the amount of eight hours

(8')

each at the punitive rate for January

1975, as they were available to perform this work.

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 employer 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.

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

On January 4, 1975, painters of the McCormick Painting Company were used to paint the overhead crane in the Machine Shop of the Pike Avenue Diesel Shop, located in North Little Rock, Arkansas. The claim is identical in all material respects to Second Division Award No. 7295, rendered this day. For the reasons set forth in Second Division Award No. 7295, we will deny this claim.

A W A R D

Claim denied. Form 1 Page 2 Attest: Executive Secretary National Railroad Adjustment Board Award No. 7294 Docket No. 7149 2-MP-CM-'77 NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division By r ema.rie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 29th day of April, 1977.