Form 1 TTATIONAL h.r'M,ROAD ADJ-USTNrl3T BOARD Award No. 7540
 SECOND DIVISION Docket No. 7488
 2-EJO-CM-'78



Parties to Di s-Dute: ( (Cax_men)
 (
 ( Elgin, Joliet and. Eastern Railway Company

 Dispute: Claim of Erin love s









Findings:
The Second Division of the Adjustment Board, upon the whole record and all the evidence, fin(7s that:

 The carrier or c%rriers and the employe or emnloyes involved in tr:is dispute are respectively carrier and er^j-)l oye witha_n the meani n of the Railway Labor Act as approved ._'Iune 21, 1_934.

 This Division of the Adjustrient Board has jurisdiction over t!-=a disp»i.te involved herein.

Claim-:.nt Carmen, on the dates of claim, mere also the Chairman, Secretary, arid Vice lin,:al C1~a3_::a.n, respectively,, of the Local Cor:dttee of Adjustment of hocal '.:o. 88,'-'_ o" the ~~Lo-tllernood of Rail,--a.y Cannen of the United States and Canada. C''_,'..7.r,ant.s here seek coi::n:nsat'ion i'Or service which they a.lle ged th^y perforrt,,e::. for Carrier on January 20" and 27, 19'(6.

 The record reflects that on January 26_ 1.976, some 120 erployes in Carrier's East Joliet Steel Car Slop, actin; in a uniform manner, ~_trstfutcci
and 1Jart-i.C'- %3, t. ::d 1n ...!) '_Zt1~_~'t'.. _ll.~.. ,:OY'h_ S':.0:7"!~,:"~'. S 1iC11 e:_"`?1?.l.U''c.S -,-('used or failed to .perform an,y work, whatsoever. evon alter they had received instructions from thel.t, suPe-"'t':._"Ur- to <o so. :laid emiploy'2S adv'1sed :?at they ~vrould. riot return to -.aorl> iin%1 assured that, Carr-_cr ,To,).Id irrmediately pay them ttYbac'~ wa<,;~diac their as the result, of -the <<^~t:~.ona1 Wa_;e

 Agreement, ratified oil d',:.niJ`:1''T,r 12 1976.
 Form 1 Page 2

 Award No. 7540
 Docket No. 7;88
 2-EJ&_H-C:·i-' 78

 After all efforts, including those made by the Employes' General Chairman, failed to -ersuade the employes to return to work, Carrier entered the Federal District Court and sought a Temporary Restraining Order. Such Court Order was issued at 2:30 J'.M., Janlzary 26, 1676. Said Order, ·~hich directed all em ployes to cease and desist their illegal activities, was posted. on the bullet-',n board aY)out 4:00 f. ivI. It was served on the Local representatives of the Union about 9:00 A.i,i., January 27, 1976. Claimants returned to and commenced working at 1_l : 00 A.M. , January 27.

 Claimants and other emr_loyes were ,riven an investigation to determine their individual rest,onsibility for instip-:-ating, encouraging, and/or part:icpati ng in the illegal work stoppage . As a result thereof Claimants and forty-one (";1) empinyes were dismissed effective 11-:arch 2F., 19'T6.

 The Board finds that Cl ai.narits were directed by the General R or=an of the Shop early in the morn-n~r of jc.nuary 26, 19`-('6, to Po to ;cork. They failed to com_ply~ with his instr,zctions. Tine General Foreman also as"r:ed Claimants to sell, an ex~.rr~le to tl,e other cr,.ployes by -,oinL- to worn. Such a request v.as, in thc Clalmant' s rei'asal 'i,o <!cmply ~~Ti-r~ tr_at rewsc>nable request was indicitive as to how and why their time was being sent.

 The Board is unable to find su:p.r~ort i n this record for concl-di_n; that the time spent b;;r Claimants Faith tLe :ari_:.i n~empluyes was se;vice performed for, or on behalf of, or at the direct-_on of Carrier.

 In the ci rcumstances this claim -,fast fall .for lack of .nerit and rule support. It STill be denied.

 Claim denied.

 A W A R I>

 Attest: Executive Secretary
 National Frail road 11,djus-'Urrent Bo<%rd

 TVATICiAL RTJLROAD ADJTJSTi,F=1T BO ARD
 By Order of Second Division

 By

 R°bF.ra.rie 5Y'crc'n. - l"~i.::r!.n i r~ t,ratiT,-e
Dated rat Chicago, Illinois, V11~.w1~'th day °f y' ~7