Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12127
SECOND DIVISION Docket No. 11990
91-2-90-2-96
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 Robert Perez and Oscar Oropeza 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 Carmen Robert Perez and Oscar
Oropeza each eighty-one cents (87_x) per hour, the difference between the
intermodal hourly rate of pay ($13.29) and the non-intermodal hourly rate of
pay ($14.10), for a total of twenty-four (24) hours and sixteen (16) hours
respectively, that they were required to work on non-intermodal equipment/cars
while being compensated the lower intermodal rate of pay, in the amount of
$19.44 and $12.96 respectively.
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, 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. 12127
Page 2 Docket No. 11990
91-2-90-2-96
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
C
Attest:
Nancy J. ~r - Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1991.