Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
10631
SECOND DIVISION Docket
No. 10531
2-N&W-CM-'85
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk and Western Railway Company violated Rules 32, 124
and 125 of the October 1, 1952 controlling Agreement when Carman R. Maxfield
was called for wreck service while on his assigned vacation on August 2 and
3,
1982.
2. That the Norfolk and Western Railway Company be ordered to compensate
regularly assigned wreck crew Carman A. B. Contos in the amount of thirty-one
(31)
hours at the punitive rate of pay for August 2 and
3,
1982.
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.
The claim herein is on behalf of a Carman because he was not called for
wreck service on August 2 and
3,
1982. The dispute arose on the former New
York, Chicago and St. Louis Railroad, now a part of the Norfolk and Western
Railway Company.
In the handling of the dispute on the property and in submission to this
Board, the Organization alleged that the Carrier violated Rules 32, 124 and
125 of the applicable Agreement. The rules were set forth in the on-property
handling and in the submissions. They will not be repeated here.
The Carrier states that the wrecking crew consisted of one cook, one
engineer and six groundmen. The claim arose because Claimant was not called
as cook.
Form 1 Award No. 10631
Page 2 Docket No. 10531
2-N&W-CM-'85
We have studied the rules relied upon by the organization and find no
proof of violation of any of them. Further, Carrier contended on the
property and before the Board that Claimant was not qualified as a cook. No
proof has been submitted that Claimant was a qualified cook.
The claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy erg- Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1985.