Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11667
SECOND DIVISION Docket No. 11541-I
89-2-88-2-53
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(C. Allen and C. Holman
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM:
1. That the Missouri Pacific Railroad Company violated Rule 8 of the
controlling Agreement. When carmen from the repair track in Houston, Texas
were sent to train yard to fill two yard jobs. For the past 35 years vacancies that occurred in the train yard at Houston, Texas, Settegast Yard were
filled from the overtime board.
2. That accordingly the Missouri Pacific Railroad Company compensate
Carmen C. Holman and C. Allen in the amount of 12 hours each for February 7,
1986 where the Missouri Pacific Railroad filled vacancies with Carmen G.
Lawson and L. Manriguez who were assigned to repair track by bulletin, see
Exhibit A1 through A6 bulletin for repair track does not mention train yard
whatsoever.
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 two individual Claimants herein are contending that they should
have been used on overtime on February 7, 1986, when Carrier reassigned two
repair track carmen to work as inspectors in the Settegast train yard. From
careful and complete examination of this record we fail to find Agreement
support for their Claim. Additionally, Claimants' argument on past practice
also fails for lack of evidence. The Claim will be denied.
Form 1 Award No. 11667
Page 2 Docket No. 11541-I
89-2-88-2-53
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 1st day of March 1989.