Form 1
Parties to Dispute:
Dispute: Claim of Employes:
NATIONAL RAILROAD ADJLTSTNBNr BOARD Award No. 8287
SECOND DIVISION Docket No. 8085
2-N&W-CM-'80
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( System Federation No. 16, Railway Employes,
( Department, A, F . of L. - C . I. 0.
( (Carmen)
(
( Norfolk and Western Railway Company
1. That the Norfolk and Western Railway CompaW violated the controlling
Agreement and Article I of Memorandum of Agreement dated October 5, 3_g65
when it failed to call Carman A. W. Kelley and J. Samol to rerail five (5)
multi-level cars in Bison Yard, Buffalo, New York, on December 6,
l9;'6.
That the Norfolk and Western Railway Company b e ordered to compensate Carman
A. W. Kelley fourteen (I4) hours at the -time and one-half rate applicable
to Carmen for December 6, 1976 and Carman J. Samol ten and one-half
(1
102-) hours at the time and one-half rate applicable to Carmen for
December 6, 1976.
Findings:
The Second Division of the Adjustment Board, upon the whole record and a11'_
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 is companion to a similar claim filed by Petitioner upon Carrier and
previously considered by this Board in Award No. 828&. The jurisdictional
issue in this dispute is identical to that considered in Award No. 8286. The instant
claim is dismissed for the same reasons enunciated in Award No. $2$b,
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Y
~.-ysemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois this 26th day of March, 1g80.