Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11720
SECOND DIVISION Docket No. 11577
89-2-88-2-59
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Illinois Central Railroad
STATEMENT OF CLAIM
:
1. That Carrier violated the current agreement by furloughing Carmen
T. P. Graves and M. R. Taylor at Corinth, Mississippi and transferring or
sending carmen from Jackson, Tennessee to
Corinth, Mississippi to perform the
work in Corinth, which was performed by Carmen Graves and Taylor before being
furloughed.
2. That accordingly, Carrier be ordered to discontinue these violations and pay Carmen Graves and Taylor for five (5) eight (8) hour days each
week, plus all benefits under the agreements starting after March 19, 1987 and
continue to pay each claimant until violations cease.
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 furloughed Carmen involved in this Claim are seeking compensation account Carrier using Carmen regularly assigned at Jackson, Tennessee to
travel to Corinth, Mississippi, on a number of occasions, to make equipment
repairs. Carrier has denied the Claim on the grounds that Claimants do not
have basic seniority rights to any work at the involved location.
From study of the undisputed facts in this record and examination of
the applicable Agreement provisions we can only conclude that the contention
of the Carrier is sound. Petitioner has not demonstrated, to our satisfaction, Agreement support for its Claim. The Claim will be denied.
Form 1 Award No. 11720 ,
Page 2 Docket No. 11577
89-2-88-2-59
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest. ,~---
ancy J er - Executive ec'S retary
Dated at Chicago, Illinois, this 3rd day of May 1989.