Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7549
SECOND DIVISION Docket No. 7355
2-SLSW-CM-178
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 45, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That on August 1, 1975 the St. Louis Southwestern Railway Company
violated the terms of the controlling agreement when it called
furloughed Cayman F. A. Paxton to repair freight cars WCTR
100528, 100554, 100629, 100649, 100659, 100628 and 100641 at the
Pine Bluff Gravity Yard when he was not the senior furloughed .
carman.
2. That the St. Louis Southwestern Railway Company be ordered to
pay Carman J. H. Miller twelve (12) hours' pay at the pro rata
rate for August 1, 1975, and that he be made whole for all other
lost benefits including Railroad Retirement credits, insurance
coverage and vacation credits.
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 claim involves the temporary employment of a furloughed carman
junior to Claimant, by the Manager of Service Engineering of Freight Master
Corporation to assist him the performance of warranty work on several new
cars purchased by Carrier. In our recent Award 7521 we decided a companion
case which, but for the identity of the Claimants, was on all fours with
this case. We refer the reader to Award 7521 and, for reasons set forth
fully therein, we likewise deny the instant claim. See also Awards 7495
and 7236.
I
Form 1 Award No.
7549
page 2 Docket No.
7355
2-SZSW-CM-'
78
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
B L
.-Z~
osnaxie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June,
1978.
1