Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9756
SECOND DIVISION Docket No. 8931-T
2-CLINCH-FO-'84
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 Ernployes:
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: April 17, 1978; April 18,
1978; June 3, 1978; May 13, 1978; May 14, 1978; May 27, 1978 and May 28, 1978.
2. That accordingly the CZinchfield Railroad Company be ordered to compensate
Laborer Buford Rogers in the amount of fifty-two (52) hours at punitive rate of
pay for April 17, 1978; April 18, 1978; June 3, 1378; May 13, 1978; May 14, 1.978;
May 27, 1978 and May 28, 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 E3aployes 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. 9756
Page 2 Docket No. 8931-T
2-CLINCH-FO-'84
A W A R D
Claim denied. °
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois this 11th day of January, 1984