Form 1 NATIOiVAT, RAILROAD ADJUSTMENT BOARD Award No. 7710
SECOND DIVISION Docket No. 750+-T
2-IrLF-MA-' 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:

(

( Missouri Pacific Railroad Company

Dispute: Claim cf' F~-rirJloyes:

1. That the M:i.souri. Pacific Railroad Com _pany violated the controllir.~;

Agreement, Particularly Rules 26(a) and 52(a) when they arbitrarily

assigned o~t~her than tine Machinists' Craft to cLa.nge a tire on

forklift txlzck x;30 on January 20 1876.

2. That accordingly, the Missouri Y~dcific Railroad Company be ordered

to compensate Machinist T. r Burke in the amount of four (4)

hours' ,pay at the punitive rate of pay for a Mlachinist for

January 21 1976 and every titre thereafter he is denied the right

to change defective tires on lift trucks.

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 en,ploye within the meaning of the Railway Labor Act as approved June 21 193;-.

This Division of the Adjustment Board has jurisdiction oven the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The facts and issues in this dispute are substantially similar to those presented in Award No. 7709· Therefore, in accordance with the findings in Av,ard No. 77099,

this claim will be denied.

A Yd A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOA FD By Order of Second Division Attest: Executive Secretary

a.~ional Railroad Adjustment Board

By
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Dated (at Chicago, Ill-inois, this lst day of November, 1978.