Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10254
SECOND DIVISION Docket No. 9918
2-MP-CM-'85
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stall worth when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Missouri Pacific Railroad Company

Dispute: Claim of Employes:

1. That the Missouri Pacific Railroad Company violated Note to and Rule 5

of the controlling Agreement when they used Lead Carman J. Anderson to

work the job assigned to Carman G. McAuley April 17, 1981 at St. Louis,

Missouri.

2. That the Missouri Pacific Railroad Company be ordered to compensate

Carman G. McAuley in the amount of eight (8) hours at the punative

(sic) rate for their violation. The punative (sic) rate is the pro

rata rate for work on holidays.

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.

This claim involves the same parties, the identical contract provision, and a similar fact pattern as those which were present in Award 10253 of this Division. The reasoning and findings of that Award are incorporated by reference into this Award. Our position in Award 1_0253 is reaffirmed and this claim will be sustained on that basis.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

7 By Order of Second Division

Attest

Nancy J:I-Zever - Executive Secretary

Dated at Chicago, Illinois, this 6th day of February 1985.