Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12030
SECOND DIVISION Docket No. 12010
91-2-90-2-125
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE: (
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
1. That the Carrier violated the terms of the controlling agreement
between the Southern Pacific Company and the Organization, Rule 15, when the
Carrier failed to compensate Carman J. H. Pope the appropriate compensation on
May 3 and June 19, 1989.
2. Accordingly, the Carrier be ordered to comply with the provisions
of the Agreement, making the Claimant whole for his losses.
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.
This dispute concerns the same Carrier, same Organization and the
same Claimant as decided this same date and contained in Second Division Award
12029.
Here, the Claimant had performed work on a derailment on April 28,
1989, and returned to that site to perform regular repair work on May 3, 1989.
In addition, he performed work on a derailment on June 16, 1989, but returned
to the same site to perform regular work on June 19, 1989.
To be sure, the time elapsed between the work on the derailment and
the return to perform normal road work was much shorter than the time span in
Award 12029, but that time element in and of itself does not convert this
dispute into a different result than announced in that case.
Form 1 Award No. 12030
Page 2 Docket No. 12010
91-2-90-2-125
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J, epKr - Executive Secretary
Dated at Chicago, Illinois, this 13th day of March 1991.