Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9757
SECOND DIVISION Docket No. 8931-T
2-CLINCH-FO-'&'4
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 Employes:

1. That the CZinchfield 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: March 5, 1979; March 6, 1979 and March 7, 1979.

2. That accordingly the Clinchfield Railroad Company be ordered to compensate Laborer Buford Rogers in the amount of twenty-seven (27J hours at punitive rate of pay for March 5, 1979; March 6, 1979 and March 7, 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 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.



The Brotherhood Railway Carmen of the United States and Canada and the Brotherhood of Maintenance of Way Employes 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. 9757
Page 2 Docket No. 8932-T
2-CLINCH-FO-'84






                              By Order of Second Division


ATTEST
N yox. Dever - Executive Secretary

Dated at Chicago, !Illinois this 11th day of January, 1984