Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12020
SECOND DIVISION Docket No. 11932
91-2-90-2-40
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 rest days and
rebulletining all of the repair track positions with Mondays and Tuesdays as
rest days and by working all the employes on their rightful rest days at the
straight time rate of pay.
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 June, 1988 and eight (8) hours pay for each Tuesday in
June, 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.
D. K. Amberg sixty-four (64)
C. R. Waldrop sixty-four (64)
F. Lopez fifty-six , (56)
J. R. Cervantez fifty-six (56)
E. L. Schielock thirty-two (32)
F. W. George thirty-two (32)
T. H. Wootton twenty-four (24)
J. W. Copeland twenty-four (24)
J. T. Cano eight ( 8)
Time claimed was for the Mondays and Tuesdays in June, 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 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 employee involved in this
dispute are respectively carrier and employee within the meaning of the
Railway Labor Act as approved June 21, 1934.
Form 1 Award No. 12020
Page 2 Docket No. 11932
91-2-90-2-40
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 8 dates in June 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: low
Nancy J. -Executive Sec~reiary
Dated at Chicago, Illinois, this 20th day of February 1991.
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