NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10727
SECOND DIVISION Docket No. 9920
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Central of Georgia Railroad Company
Dispute: Claim of Employes:
1. That Carman W. E. Parker, Columbus, Georgia, was denied back time
pay as provided for by the December 11, 1981 Agreement and was paid the old
rate of pay for five (5) weeks vacation.
2. That accordingly, the Carrier be ordered to pay Carman W. E.
Parker back time pay from April 1, 1981 through October 27, 1981 and also
adjust his five weeks vacation pay in accordance with the provisions of the
December 11, 1981 National Agreement.
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 Board concludes that the Claimant did not have an employment
relationship as of the date of the Agreement, December 11, 1981.
The Board reasons that because Claimant was dismissed in October,
1981 he does not qualify for coverage under the applicable Agreement.
Form 1 Award No. 10727
Page 2 Docket No. 9920
2-CofG-CM-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 19th day of February 1986.