For m 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9422
SECOND DIVISION Docket No.
9+17
2-CR-MA-183
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
( Consolidated Rail Corporation
Dispute: Claim of Employee:
1. The Consolidated Rail Corporation violated Rule 2-A-4.
2. That machinists J. O'Leary, E. Marshall, A. Mauer and J. H.-DeRouville;
be compensated 3 hours pay each, at the prevailing machinists rate of
pay for the Carriers violation of rule 2-A-4 of the controlling
Agreement effective May 1, 1979.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employs or employee involved in this dispute
are respectively carrier and employs 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 case involves two (2) separate claims on behalf of four
(4)
individual
Claimants for pay under Rule 2-A-4 concehrning their movement from duties or their
regular assignment to other work which the Organization asserts was not comprehended
in the regular assignment. The Carrier raises a procedural objection over the
movement of this case to this Board for review.
This Board disposes of this dispute in favor of the Claimants. We find the:
procedural argument falls short of a sufficient showing to bar consideration of
the merits and we conclude that the work involved was not duties comprehended in
the Claimants' regular duties. Compensation shall be in accordance with Rule
2-A-4(b).
A WAR D
Claim sustained.
Form 1
Page 2
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
'w
osemarie Brasch - Admiais trative Assistant
Dat at Chicago, Illinois, this 16th day of March, 1983.
Award No. 9422
Docket No.
9kI7
2-CR-MA-'
83
NAmoNAZ RAIZROAD ADJUSTMENT BQM
By Order of Second Division