Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12215
SECOND DIVISION Docket No. 12086
91-2-90-2-184
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake and Ohio Railroad Company (CSX Transportation, Inc.), hereinafter referred to as "carrier", violated the service rights
of Painter T. Blankenship, hereinafter referred to as "claimant", and the
provisions of Rule 11 of the controlling Agreement when on February 9, 1989
carrier's supervisor improperly worked Carman Tim Marshall at the Raceland
Paint facility on work strictly accruing to the Painter's craft in violation
of the aforementioned rule.
2. Accordingly, the claimant is entitled to be compensated for eight
(8) hours pay at the applicable Painter's time and one-half rate for
said vio
lation.
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 circumstances in this dispute are identical to those reviewed
in Second Division Award 12209 and the Board reaches the same conclusion as
therein.
A W A R D
Claim denied.
Form 1 Award No. 12215
Page 2 Docket No. 12086
91-2-90-2-184
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 18th day of December 1991.
law