Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12126
SECOND DIVISION Docket No. 11936
91-2-90-2-56
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 Richard Heimlich, Vernon Fenton, 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 and Santa Fe Railway
Company be ordered to additionally compensate Carman Richard Heimlich, et al.,
each eighty-one (814) 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 forty-four and one-half hours (44 1/2) that they were required
to perform work on non-intermodal equipment/cars while being compensated the
lower intermodal rate, in the following manner.
Richard Heimlich
Vernon Fenton
Robert Perez
Joe Garcia
FINDINGS:
14 hours X 81¢ _ $11.34
11.5 hours X 814 _ $ 9.32
11.5 hours X 814 _ $ 9.32
7.5 hours X 81¢ _ $ 6.08
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, Claimants are entitled to
the compensation claimed on dates they worked on non-intermodal cars for more
than half the work day.
Form 1 Award No. 12126
Page 2 Docket No. 11936
91-2-90-2-56
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1991.