Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9882
SECOND DIVISION Docket No. 9323
2-L&N-CM-'84
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That the Carrier violated the terms of the Agreement when the
Etowah, Tennessee Wrecking Crew Members N.
R.
Brock, B.
R.
Crofts,.
J. D. Cheek, T. E. King, C. E. Moses and B. S. Lim were relieved of
their wrecking assignment by being taxi cabed to Etowah from the
wrecking outfit, arriving at 10:00 PM, December 2, 19 79, and the
remainder of the Etowah Wrecking Crew, Carman D. R. Curtis returned
to Etowah with the Wrecking outfit, arriving and was relieved at
7:00 AM, December 3, 1979, and
2. Accordingly, the Carrier be ordered to additionally compensate
Wrecking Crew Members N. R. Brock, B. R. Crofts, J. D. Cheek, T. E.
King, and C. E. Moses, the same compensation received by Wrecking
Crew Members D. R. Curtis or 9 hours each, at the time and one-half'
rate of pay, and one (1) hour at the time and one-half rate of pay
in favor Carman B. S. Lim.
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 o f the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The case.before this Division is all but identical in nature to cases
involved in five previous Awards involving the same Carrier and the same Organization,
In fact, Carrier presented the same submission for all cases. This Board has
sustained the previous claims for all regularly assigned wrecking crew members.
We see no reason to restate the rationale in this instance and will therefore
simply state that the claim is sustained for all regularly assigned wrecking
crew members.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No.9882
Page 2 Locket No. 9323
2-L&N-CM-'84
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
00.':
Attest:
Nancy J. r - Exec;ti ve Secretary
Dated at Chicago, Illinois, this 9th day of May, 1984