Form 1 NATIONAL RAILROAD ADJUSTTWNT BOARD Award No. 7614
SECOND DIZrISION Docket No. 72+9
2-New-MA- · 78

The Second Division consisted of the regular members and in addition Referee Robert A. Fxanden when award was rendered.

( International Association of Machinists and

( Aerospace Workers

Parties to Dispute:

(

( Norfolk and Western Railway Company

Dispute: Claim of Employes:

1. That the Norfolk and Western Railway Company violated the

controlling Agreements when it fhaxloughed Machinists B. D.

Thompson, R. L. Latson, R. W. Workman, R. H. Phillips, D. E.

Bonn and D. L. Johnson effective at the close of business on

Friday, February 28, 1975 without merger protection.

2. That accordingly the NoxfoLk, and Western Railzaay Company be

ordered to compensate the above named Machinists an amount equal

to the difference between actual earnings, if any, and the

amount they would have received if fully employed at their curxe..t,

protected rates of pay as machinists as well as be made whole

fox all other losses resulting from the improper furlough.

The Second Division of the Adjustment Board, upon the whole record and a17_ the evidence, finds that:

The carrier ox carriers and the employe or employes involved in this disp.ite are respectively carrier and employe w-'.Lthitl 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 September 16, 1977 this Board. rendered Award 7353 (Docket T,-,O. 72_50) which award was based on allegations and facts substantially identical to those involved in the instant matter. Fox the reasons set out in Award 7353 we will dismiss the claim.

A W A R D

Claim dismissed.

Form 1 Award No. 7614
Page 2 Docket No. 7249
2-N&w-rte- t 78
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division

Attest: Executive Secretary

National Railroad Adjustment Board

..~ _. - '~ '~--y ..-

t ,.

'°

~.-~' Rpsemaxie Brasch - Administrative Assistant

x.

Dated at Chicago, Illinois, this 21st day of July, 1978.