Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10088
SECOND DIVISION Docket No. 9735-T
2-SLSF-FO-184
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( St. Louis-San Francisco Railway Company

Dispute: Claim of Employes:

1. This is a time claim and grievance in favor of Laborers Charles

Riddle and Cecil Murray. We are claiming time and one half for both

men for one hour and thirty minutes at their respective rates of pay.

Mr. Riddle as a Hoist Engineer receives $9.04 per hour and Mr. Murray

as a Hoist Helper receives $8.41 per hour.

2. On December 16, 1980, American Hoist, SL-SF 99071, came to the Rail

Yard of the Roadway Shop about 11:30 A.M. The hoist started working

at 3:15 P. M., December 16, 1980, at the Rail Yard, and worked until

5:15 P.M.,, which would amount to one hour and thirty minutes of

overtime for Mr. Riddle and Mr. Murray. They switched a car and

unloaded rail. The hoist was operated by Mr. Bill Adkins, the helper

was Mr. T. Johansen, who are members of Maintenance of way.

3. This is in violation of the agreement between the St. Louis-San

Francisco Railway Company and the International Brotherhood of

Firemen and Oilers, effective July 1, 1979, particularly, Rules 1 and

2. There are only three hoists assigned and performing work at

Springfield, Missouri, and they are all operated by members of our

organization, and the helpers are also members of our organization.

We cannot understand why the carrier has not placed members of our

organization in this hoist to perform this work, by not doing so, the

carrier has violated our agreement, as stated above, and for economic

reasons, we would like to point out to the carrier, that they are

paying more money in wages to Mr. Adkins and Mr. Johansen, than what

they would have paid to Mr. Riddle and Mr. Murray.

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 Adjusment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Form 1 Award No. 10088
Page 2 Docket No. 9735- T
2-SLSF-FO-184

On December 16, 1980, a locomotive crane (American Hoist SL-SF 99071) was brought to the rail yard to unload new rail and was operated by Maintenance of Way Employes. This is a time claim for Claimants Charles Riddle and Cecil Murray for time and one-half for one hour and thirty minutes. The claim is identical in all material aspects to Second Division Award No. 10079 and for the reasons set forth in that award, we will deny this claim.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest:

Nancy J De.Ae'r - Executive Secretary

Dated at Chicago, Illinois, this 19th day of September 1984.