Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 841,0
SECOND DIVISION Docket No. 8228
2-N&W-CM-'80
The Second Division consisted of the regular members and in
addition Referee John B. IraRocco when award was rendered,
( System Federation No. 16, Railway Employes'
( Department, A. F. of Z. - C. I. 0.
Parties to Dispute: ( (Carmen)
Norfolk and Western Railway Company
Disputo : Claim Of Em eyes
1, That the Norfolk and Western Railway Company violated Article I (a),
Memorandum of Agreement dated October
5, 1965,
on June 2,
3, 4, 5.
and
6, 1977,
at Bison Yard, Buffalo, New York,
2. That the Norfolk and Western Railway Company be ordered to compensate
the following named Carmen, who were ready, willing and available to
work and should have been called to perform work, on the respective
dates/shifts mentioned below, in the amount of eight
(8)
hours at the
time and one-half rate applicable to
Carmen's rate
of pay:
Carmen Date Shift
R. SzuTlita ,Tune 2,
1977
First
M. Skotnicki Jane 2,
1977
Second
S. hesakowski J~une
3, 1977
First
W. Kretz June
4, 1977
Third
G. Letina June 4,
1977
Third
J. Koblinski June
5, 1977 ··
Third
R. Zesinski June
6, 1977
Second
3.
That the Norfolk and Western Railway Company be ordered to compensate
Carman W. Kretz for three and three-quarter
(3 3/4)
hours at the tine
and one-half-rate applicable to Carmen's rate of pay for June 2, 15W,
on the First Shift, at Bison Yard, Buffalo, New York.
Findings:
The Second Division of the Adjustment Board, upon the whole record and a,ll
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 ,Tune 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 is a claim brought by seven carmen to recover pay for work time allegedly
lost when the carrier failed to can claimants pursuant to the rules established
Form 1
Page 2
Award No. 8410
Docket No.
8228
2-N&T-CM-'80
to operate the Bison Yard in Buffalo, N.Y. The Bison Yard is jointly maintained
by the Carrier and Consolidated Rail Corporation. The claimants assert that the
number of carmen positions in the yard have been improperly allocated between the
joint yard operators depriving the claimants from working certain shifts.
The coordinated operation of the Bison Yard is governed by the October 5,
1965 Agreement which incorporates, pursuant to Order of the Interstate Commerce
Commission (Finance Docket No. 21,820), the terms and. conditions for the protection
of employes described by the Washington Agreement dated May 21,
1936.
As we ;have
ruled recently in Second Division Awards Nos. 8286, 8287, and 8288, (Weiss), -the
Washington Agreement provides the exclusive forum for adjudicating the type of
claim presented here. in accord with those decisions, this Board lacks the JlLxrisdiction to consider the claim and we must deny the claim based on the reasons set
forth in Second Division Award No. 8286 (Weiss).
A W A R D
Claim is denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILRUL D ADJUSTMENT BOARD
By Order of Second Division
o emarie Brasch - Administrative Assistant
Dated at Chicago, 77.linois, this23rd day of
July,
1980.