Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7339
SECOND DIVISION Docket No.
7229
2-C&O-CM-'77
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
System Federation No.
4,
Railway Employes'
Department, A. F. of L. - C. I. 0.
(Carmen)
Parties to Dispute:
Dispute: Claim of Employes:
( The Chesapeake and Ohio Railway Company
1. That rules of the controlling agreement and the service rights of
the following carmen, Farris E. Moore, Franklin Beach, Kern Moore,
D. R. Dillow, Rush Stanley, R. V. May and Henry Finley were violated
August 1,
197+
account being changed from second shift to first
shift and only allowed straight time rate in violation of Rule 13.
2.
Accordingly the above identified carmen are each entitled to be
additionally compensated four
(4)
hours at carmen's applicable
straight time rate in lieu of said violation.
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, 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.
Claimants were verbally notified their jobs were abolished on the second.
shift and they were to report to the first shift on the following day. They
were not given advance notice. The applicable rule, Rule
13
and understanding
provide:
"(a) Except as ,provided in (b) of this rule for employes on
relief assignments. Employes changed from one shift to
another will be paid overtime rates for the first shift
of each change.
Understanding - (1) The words 'employes changed' used in
the first sentence of this rule, means employes changed at the
instance of the company, and employes so changed must be paid
at the overtime rate."
Form 1
Page 2
Award No. 7339
Docket No. 7229
2-C8c0-CM-'77
The question here is whether Claimants were transferred at the instance
of the Carrier. We hold they were and the claim should be sustained. Award
6791
(Zumas) is controlling where we said;
"The Board finds that the claim must be sustained. Even if
the positions had in fact been abolished as Carrier contends
(and there is no evidence that they were), it is unrefuted that
Claimants were not so advised nor was a copy furnished to the
Local Chairman. Under these circumstances the .position of the
Carrier is without merit."
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
osi
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of July, 1977.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division