Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12391
SECOND DIVISION Docket No. 12102
92-2-90-2-204
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 & Ohio Railroad Company (CSX Transportation,
Inc.) (hereinafter "carrier") violated Rule 11 of the Shop Crafts Agreement
between Transportation Communications International Union - Carmen's Division
and the Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.) (revised
June 1, 1969) on April 11, 12, 13, 14, 15 and 18, 1988 when the carrier-failed
to call Paul E. Smith (hereinafter "claimant") for overtime when the carrier
failed to utilize the overtime board for this overtime work.
2. Accordingly, the claimant is entitled to be compensated for
thirty-six (36) hours pay at the applicable overtime rate for the carrier's
violation of the aforementioned Agreement Rule.
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..
Except as to Claimant and dates, this Claim is virtually identical to
that reviewed in Second Division Award 12390, and the Board reaches the same
conclusion.
A W A R D
Claim denied.
Form 1 Award No. 12391
Page 2 Docket No. 12102
92-2-90-2-204
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 15th day of July 1992.