Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12123
SECOND DIVISION Docket No. 11913
91-2-90-2-18
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 The Atchison, Topeka and Santa Fe Railway Company violated
the September 1, 1974 Agreement, as amended, specifically Rule 20; and Article
IV, Section 1(b), and Letter No. 3 of the November 19, 1986 National Agreement, by requiring Carman Bruno Silva to perform work on non-intermodal equipment/cars and only compensating him the intermodal rate of pay.
2. That accordingly, The Atchison, Topeka and Santa Fe Railway
Company be ordered to additionally compensate Carman Bruno Silva the difference of eighty-one cents (814) per hour between the intermodal hourly rate of
pay ($13.29) and non-intermodal 'hourly rate of pay ($14.10) for a total of
eight (8) hours that he was required to perform work on non-intermodal equipment/cars, in the amount of $6.48.
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 dispute in this case is identical to that involved in Award 12122
of this Division. For the reasons stated therein, the claim is sustained.
Form 1 Award No. 12123
Page 2 Docket No. 11913
91-2-90-2-18
A W A R D '
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division'
Attest:
Nancy J. e^r - Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1991.
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