Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12016
SECOND DIVISION Docket No. 11926
91-2-90-2-35
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:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
1. That under the current working Agreement, as amended, the Atchison, Topeka and Santa Fe Railway Company did unilaterally and arbitrarily
violate Rule 1(e) of the September 1, 1974 Agreement, as amended, by abolishing all of the repair track positions with Saturday and Sunday as off days and
rebulletined all of the repair track positions with Monday and Tuesday as off
days.
2. That accordingly, The Atchison, Topeka and Santa Fe Railway Company be ordered to compensate the following listed Claimants eight (8) hours
pay for each Monday in August, 1988 and eight (8) hours pay for each Tuesday
in August, 1988 that they were denied the right to work on those Mondays and
Tuesdays and were forced to observe those Mondays and Tuesdays as their off
days in violation of the Agreement for the total amount of hours specified
below at their pro rata rate of pay:
F. W. George eighty (80) hours
E. L. Schielock eighty (80) hours
D. K. Amberg eighty (80) hours
C. W. Waldrop eighty (80) hours
J. R. Cervantez eighty (80) hours
J. W. Cope land eighty (80) hours
T. H. Wootton seventy-two (72) hours
F. Lopez seventy-two (72) hours
Time claimed was for the Mondays and Tuesdays in August, 1988 that
the Claimants would have normally worked and should have been allowed to work
(Mondays and Tuesdays) in accordance with the Agreement and were made to work
on Saturdays and Sundays in violation of the Agreement. Claim is made only
for the time and days that the Claimants should have been allowed to work and
normally would have worked.
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. 12016
Page 2 Docket No. 11926
91-2-90-2-35
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In our Award 12015 we considered an identical Claim to that involved
in this Docket. The Claim in Award 12015 was for 8 Claimants for 3 dates
during May 1988. This Claim is for 8 Claimants for 10 dates in August 1988.
We will follow the decision in Award 12015 and sustain this Claim.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
'Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of February 1991.