C:\AWARDS\OUT\2-07393.htm

Form 1 NATIONAL RAILROAD ADJUST== BOARD Award No. 7393
SECOND DZZlISION Docket No. 7061 2-P&BR-CM-77

The Second Division consisted of the regular members and in addition Referee Nicholas H. Zumas when award was rendered.

( System Federation No.

Railway Employes'

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

Parties to Dispute: ( (Carmen) ( ( Patapsco and Back Rivers Railroad Company Dispute: Claim of Employes:

No. 1. That the Carrier violated the rules on September 25,

197+

when they instructed Caiman Dan Matthews at Sparrows Point, Maryland, who held a regular bid position on the 3:00 P.M. to 11: CO P. M, shift, under bid No.

779

and forced him to work

7:00

A.M. to

3:00

P.M., thus denying him his seniority rights; and also penalty pay under paragraph F. of Rule

of the current Agreement.

No. 2. That accordingly the Carrier be ordered to compensate Dan Matthews for

hours pay at time and one-half rate for September 25,

197+

anal

hours at the time and one-half rate for reverting back to his home shift as per rule 5 of the current Agreement on September

30, 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 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.

The issue in this dispute is identical to that in Second Division Award No. 3694 between the same parties. The Board has reviewed that award and is satisfied that there is no basis for finding that it is palpably erroneous. On the basis of Award No. 369., therefore, this claim shall be denied. Form 1 Award Rio. 7393
?age 2 Docket X10. 7061
2-P&BR-CM- ` 77

A W A R D

Claim denied.

HATT O~AL RAILROAD h.DJTJSTWiTT BO.~,D

By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By r ~.. ~semarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 8th day of November, 1977.