C:\AWARDS\OUT\2-07910.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7910
SECOND DIVISION Docket No, 7650-T 2-MP-MA-t79

The Second Division consisted of the regular members and in addition Referee Dana E. Eischen when award was rendered,

( International Association of Machinists and

( Aerospace Workers

Parties to Dispute:

(

( Missouri Pacific Railroad Company

Dispute: Claim of Employes:

1. That the Missouri Pacific Railroad Company violated the controlling

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

assigned Ca,rmen to repair the retriever cable on the car pullet

at the Rip Track, North Little Rock, Arkansas,

2. That accordingly, the Missouri Pacific Railroad Company be ordered to compensate P.ychinist fi. W. Urbach in the anount of four

(4)

hours` pay at a PJachinist's punitive rate of pay for Wednesday, March

?_4,

1976, when he was denied the right to perform ~he abovementioned Machinists' work.

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 anal employe within the meaning of the Railway Labor Act as approved June 2l, 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.

But for a difference in Claimant and inconsequential distinction in the facts, the same Rt-es and principles apply in this claim as in our recent Award ITO. 7908. As in the earlier claim, the Carmen Organization received adequate Third Party Notice and filed a submission, which has been considered along with the rest of the record. For reasons developed more fully in Award (Docket 7530-T) we shall sustain the instant claim, but only for 1 hour and 30 minutes at the straight time rate.

A W A R D

Part 1 of claim is sustained. Part 2 of claim is sustained to the extent indicated in the Findings. Form 1 Award No. 7910 Page 2 Docket No, 7650-T 2-MP-MA-79 NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board vPtos nar7.e Branch - Administrative Assistant Dated at Gh-i.cago, Illinois, this 9th day of May, 1979.