Form 1 NATIONAL RAThROAD ADJUSTMENT BOARD Award No.
828$
SECOND DIVISION Docket No,
8086
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 Z. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Norfolk & Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk and Western Railway Company violated the controlling;
Agreement and Article I of Memorandum of Agreement dated October
5, J_965
when it failed to call Carmen A. W. Kelley and J. Samol to retail five
(5)
freight cars in Bison Yard, Buffalo, New York, on November
29, 1976.
2, That the Norfolk and Western Railway Company be ordered to compensate:
Carmen A, W. Kelley and J. Samol seven
(7)
hours at the time and one--half
rate applicable to Carmen for November
29, 1976.
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 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.
Parties to said dispute waived right of appearance at hearing thereon.
This claim is similar to one filed by Petitioner upon Carrier and previously
considered by this Board in Award No.
8286.
The jurisdictional issue in the
instant case is identical to that considered in Award No.
8286.
The instant claim
is dismissed for the same reasons discussed in Award No.
8286.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
zl~
~ Byy
s marie Brasch - Administrative Assistant
Dated at~ Chicago Illinois, this 26th day of March
1980.