Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9894
SECOND DIVISION Docket No. 9829
2-CR-MA-184
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.

( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers

( Consolidated Rail Corporation

Dispute: Claim of Employes:

1. That the Consolidated Rail Corporation be ordered to restore Machinist

James D. Terry to service and compensate him for all pay lost up to

time of restoration to service at the prevailing machinist rate of

pay.

2. That machinist James D. Terry be compensated for all insurance benefits,

vacation benefits, holiday benefits and any other benefits that may

have accrued and were lost during this period, in accordance with

Rule 7 A-1 (e) of the prevailing Agreement which was effective May

1, 1979.

Findings:

The Second Division of the Adjustment Hard, 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.

In accordance with our prior Award No. 9588, this matter was remanded to the property for handling. Those directions having been complied with, this Board is advised the Claimant was awarded a disability annuity on May 2, 1982,. Under such circumstances, he is to be restored to the roster with his seniority intact.

A W A R D

Claim sustained in accordance with the Findings.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest
Nancy r - Executive Secretary

Dated at Chicago, Illinois, this 9th day of May, 1984