Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12124
SECOND DIVISION Docket No. 11914
91-2-90-2-19
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 Carmen Vernon Fenton and Richard Heimleich to perform work
on non-intermodal equipment/cars and only compensating them at the intermodal
rate of pay.
2. That accordingly, Ttxe Atchison, Topeka and Santa Fe Railway Company be ordered to additionally compensate Carmen Vernon Fenton and Richard
Heimleich the difference between the intermodal hourly rate of pay ($13.29)
and the non-intermodal hourly rate of pay ($14.10), which is eighty-one cents
(814) per hour, forty-eight (48) hours each, for,a total of ninety-six (96)
hours that they were required to perform work on non-intermodal equipment/
cars, for a total amount of $77.76.
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. 12124
Page 2 Docket No. 11914
91-2-90-2-19
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.
yev2/-
Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1991.