Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12125
SECOND DIVISION Docket No. 11934
91-2-90-2-43
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 & 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 Robert Perez and Joe Garcia to perform work on non-intermodal
equipment/cars and only compensating them at the intermodal rate of pay.
2. That accordingly, the Atchison, Topeka & Santa Fe Railway Company be ordered to additionally compensate Carmen Robert Perez and Joe Garcia
each eighty-one cents (81¢) per hour, the difference between the intermodal
hourly rate of pay of $13.29 and the non-intermodal hourly rate of pay $14.10
for a total of fifteen (15) hours each that they were required to work on nonintermodal equipment/cars while being compensated the lower intermodal rate of
pay in the amount of $12.15 each.
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. 12125
Page 2 Docket No. 11934
91-2-90-2-43
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. A5e)pOF - Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1991.