Form 1

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION


The Second Division consisted of the regular members and in addition Referee Hyman Cohen when award was rendered.

 Award No. 11381
 Docket No. 11103-T
 2-C&NW-CM-'87

 (Brotherhood Railway Carman of the United States ( and Canada Parties to Dispute: (Chicago and North Western Transportation Company

 1. Carmen A. Shank, J. Comer, Jr., M. Wood, R. Rollins, B. Cole, K. Lawrence and D. Order were deprived of work and wages to which entitled when the Chicago and North Western Transportation Company violated the controlling agreement when it improperly assigned train crews to perform Carmen's work of coupling air hoses and making terminal air brake tests on May 5, 12, 17, 18, 26, 27 and 31, 1984 and June 1 and 3, 1984.

 2. The Chicago and North Western Transportation Company failed to comply with Article V 1(a) of tree August 21, 1954 Agreement when the Assistant Vice President and Division Manager failed to respond to the Local Chairman's claim dated June 4, 1984.

 3. That the Chicago and North Western Transportation Company be orderto compensate Carmen Claimants as follows:

 A. Shank
 J. Comer, Jr.
 M. Wood

 R. Rollins
 B. Cole
 K. Lawrence
 D. Order

 May 5, 1984 May 12, 1984 May 17, 18, and 31, 1984 June 1, 1984 May 26, 1984 May 27, 1984 May 31, 1984 June 3, 1984

 Claim is made for two (2) hours and forty (40) minutes at the time and one-half rate of pay for the above listed dates.

 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.
 Form 1 Award No. 11381
 Page 2 Docket No. 11103-T
 2-C&NW-CM-'87
 This Division of the Adjustment Board has jurisdiction over the
 dispute involved herein.

As Third Party in interest, the United Transportation Union was advised of the pendency of this case, but chose not to intervene in this dispute.

 The Carrier violated Article VI(a) of the August 21, 1954 Agreement because the Division Manager failed to notify the organization within sixty (60) days from the date the Claim was filed. Accordingly, pursuant to Article VI(a), "the claim *** shall be allowed as presented ***."




                              By Order of Second Division


Attest:
        Nancy J. K)Kr - Executive Secretary


Dated at Chicago, Illinois this 4th day of November 1987.