Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10741
SECOND DIVISION Docket No. 10525
2-B&M-CM-'86
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:
( The Boston and Maine Corporation
Dispute: Claim of Employes:
1. That the Boston and Maine Corp. (hereinafter referred to as the
Carrier) violated the provisions of the controlling Agreement,
namely Rule 2, Paragraph (a) and (b) thereof, beginning on
October 29, 1981, by arbitrarily establishing a lap type shift
at Mechanicville, New York.
2. That the Carrier be ordered to additionally compensate Carman
J. J. Wichelns, (hereinafter referred to as the Claimant) one (1)
hour per day at the Carman's time and one-half rate of pay beginning
on October 29, 1981 and for each day thereafter as long as this
violation continued to remain in effect.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence finds that:
The carrier or carrier 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.
Part 1 of the dispute involves a violation of Rule 2. As interpreted by
previous decisions of the Board (see Awards 595, 786 and 1058), Rule 2 does
not permit a different assignment of hours of an Engineer/Tractor Operator.
The Claim is for monetary damages. The record shows that no time was lost,
that 8 hours were worked each day and Claimant was not monetarily damaged.
The Board has no authority to award time and one-half for the first hour of
eight hours of work nor is the Board persuaded to award punitive pay (see
Awards 6433 and 10465).
Form 1 Award No. 10741
Page 2 Docket No. 10525
2-B&M-CM-'86
A W A R D
Part 1 of the Claim is sustained.
Part 2 of the Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. nor - Executive Secretary
Dated at Chicago, Illinois, this 19th day of February 1986.