Form
1 NATIONAL RAILROAD
ADJUSTMENT
BOARD
Award No.
7615
SECOND DIVISION Docket No.
7251
2-N&w-rte-
t
78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden 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 furloughed Machinist A. E.
Anderson effective at the close of business on Friday, February
28,
1975
without merger protection.
2.
That accordingly the Norfolk and Western Railway Company be
ordered to compensate Machinist A. E. Anderson an axnount equal
to the difference between actual earnings, if arty, and the
amount he would have received if fully employed at his current,
protected rate of pay of machinist as well as be made whole for
all other losses resulting from. the improper f1.ixlough.
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 axe 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.
Panties to said dispute waived night of appearance at hearing thereon.
On~September
16, 1977
this Board rendered Award
7353
(Docket
No.
7250)
which award was, with one exception, based on facts and allegations
virtually identical to those which support the instant claim. In the instant
matter the claimant, in addition to the allegations set out in Docket No.
7250,
alleges that the claim was not responded to by the Carrier within
60 days as required by Article V of the August 21,
1951+
agreement. We
find that the record fails to support th.e.claimant's allegation of a time
limit breach by the Carrier.
For the reasons set out in Award
7353
we will dismiss the claim.
Foam 1
Page 2
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
7615
Docket No.
7251
2-wT&w-rte-
t
78
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
,.Rosemarie 73rascn - Aclministxative'Assistant
Dated at Chicago, Illinois, this 21st day of July,
1978.