Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11080
SECOND DIVISION Docket No. 10873
2-MP-CM-'86
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood Railway Car-men 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 102 and 25 (a) of the controlling agreement when they used truck drivers in the St. Louis Terminal to perform Carmen's work in applying bridge plates to Cars TTX 252155 and TTX 255829 on April 28, 1983 at the piggy back ramp.

2. That the Missouri Pacific Railroad Company be ordered to compensate Carman V. E. Schroeder cne (1) hour pay at the pro-rata rate and use Carmen to do the Carmen's work at the piggy back ramp in the St. Louis Terminal.

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.



The merits of the instant case have been considered at length in Second Division Award No. 11679. Only the dates and cars involved differ while the issues, rules and parties to the dispute are identical. In that case, as in this, the Organization has failed to present sufficient substantial evidence of probative value to estahlish that applying bridge plates was exclusively Carman's work. under the Agreement Rules cited. Having found that the issue has been previously considered and denied, the Board denies tile Claim based on the doctrine of stare decisis (see Second Division Award 10634).
Form 1
Page 2

A W A R D

Claim denied.


::z 00e
Attest:


Dated at Chicago, Illinois this

Award No. 11080
Docket No. 10873
2-MP-CM-'86

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division

3rd day of December 1986.

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