Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10634
SECOND DIVISION Docket No. 1054`_i
2-MP-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:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rules 4(d), 12(a)
and 102 of the controlling Agreement when other than Carmen were used to
repair and maintain freight car TTX 601772 at the Piggy Back Ramp, Dupo,
Illinois.
2. That the Missouri Pacific Railroad Company be ordered to compensate
Carman T. E. Austin in the amount of two (2) and one half (.5) hours at the
punitive rate of pay for this violation.
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 dispute involves the contention that other than Carmen were used to
repair and maintain freight car TTX 601772 at Carriers Piggy Back Ramp,
Dupo, Illinois, on October 12, 1982.
We have carefully reviewed the entire record before the Board and we
find no evidence of any actual repairs being made. The claim will be denied
for lack of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest.
NandTj,/Dever - Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1985.