Form 1 NATIONAL RAILROAD ALI7USTMENT BOARD Award No. 975.5
SECOND DIVISION Docket No. 8930-T
2-CLINCH-FO-1,94
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Clinchfield Railroad Company
Dispute: Claim of Onployes:
1. That the Clinchfield Railroad Company violated the Controlling Agreement,
particularly Rule 1 Scope, when wrecker car attendant, Laborer Buford Rogers,
Erwin, Tennessee, was not called for wrecking service account of other employes
used as wrecker attendant on the following dates: January 5, 1979; January 5,
1979; December 30, 1978 and November 18, 1978.
2. That accordingly the Clinchfield Railroad Company be ordered to compensate
Laborer Buford Rogers in the amount of thirty-three (33) hours at punitive rate
of pay for January 5, 1979; January 6, 1979; December 30, 1978 and November Z8,
1978.
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 employes 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.
The Brotherhood Railway Carmen of the United States and Canada and the
Brotherhood of Maintenance of Way Employer were notified of this claim as
possible parties at interest but determined not to intervene.
Except as to dates, the Board finds the facts and arguments in this claim
identical to those in Award No. 9754 and accordingly reaches the same conclusion.
Form 1 Award No. 9755
Page
c
Docket No. 8930-T
2-CLINCH-FO-'84
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST
Nancy ever - Executive Secretary
Dated at Chicago, Illinois this 11th day of January, 1984