Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12392
SECOND DIVISION Docket No. 12103
92-2-90-2-205
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 referred to as "carrier") violated the service rights of
T.V.R. Carman Jack N. Armstrong (hereinafter referred to as "claimant") and
the provisions of Rule 11 of the Controlling Agreement when on April 4, 5, 6,
7, 11, 12, 13, and 14, 1988 the carrier did not ask the claimant to work
overtime while working a junior employe in violation of the aforementioned
Agreement Rule.
2. Accordingly, the claimant is entitled to be compensated for eight
(8) days, six (6) hours each day on April 4, 5, 6, 7, 11, 12, 13 and 14, 1988
at the applicable Carmen's time and one-half rate for said violation.
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 similar to that
reviewed in Second Division Award 12390. One difference is that there is a
dispute between the parties as to whether the Claimant was or was not asked to
work overtime on specified dates. Regardless of which may be the case, the
Board finds that its conclusion in Award 12390 is applicable here.
A W A R D
Claim denied.
Form 1 Award No. 12392 "W
Page 2 Docket No. 12103
92-2-90-2-205
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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Attest: ,
Nancy J. 90~6r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of July 1992.