Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8314
SECOND DIVISION Docket No. 8140
2-D&RGW-FO- `80
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( System Federation No. 10, Railway Employes'
( Department, A. F. of Z. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Denver and Rio Grande Western Railroad Company
Dispute: Claim of Employes:_
1. Under the current controlling Agreements, the Denver and Rio Grande
Western Railroad Company improperly assigned Foreman Go A. Wilson to drive
Station Wagon
#1340
to transport 2 mechanics from Denver, Colorado to
Grandby, Colorado at
9:30
A.M. August 28,
1977
and returning to Denver,
Colorado at 8:30 P.M. that same day; or a total of 11 hours work denied 'to
a Craft employe.
2. That, accordingly, The Denver and Rio Grande Western Railroad Company be
ordered to compensate Static Wagon Driver P. R. Mascarenas, Denver,
Colorado, eleven hours at the time and'one-half pro rata rate for
August 28, 1977.
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,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute wavied right of appearance at hearing thereon.
In our review of this dispute we do not find that Carrier violated the
Agreement when it permitted the Diesel Maintenance Supervisor to transport round
trip two mechanics from Denver to Grandby, Colorado in station wagon
X1340
on Sunday,
August 28, 1977.
The record shows that claimant was working his regular assignment on this
date at a time when no station wagon or driver was assigned to work the North
Yard and the vehicle was used for another purpose that does not appear to be
improper under the circumstances of its usage.
We believe that the facts herein do not establish conclusively the presen,--e
of a rule violation and thus for these reasons we must deny the claims
Form 1
Page 2
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
$314
Docket No. 81+0
2-D&RGW-FO-t80
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By /
s~arie Brasch - Administrative Assistant
Dated at Chicago,,, Illinois, this 16th day of April, 1980.