NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12567
Docket No. 12223
93-2-91-2-7
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former 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 Carman R. Sudderth
(hereinafter referred to as
'claimant') and the provisions of
Rule 11 of the controlling Agreement
when the carrier worked Carman J. K.
Erasure, who is junior to the
claimant anal was not on the
established overtime board, in
violation of Rule 11 of the Shop
Crafts Agreement.
2. Accordingly, the claimant is
entitled to be compensated for eight
(8) hours pay at the applicable 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 employe 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.
Form 1 Award No. 12567
Page 2 Docket No. 12223
-460
93-2-91-2-7
The dispute in this Docket is another Claim concerning
Carrier's use of a employee not on the Painter's overtime list at
the Raceland Car Shop during 1988. In Second Division Awards
12332, 12333 and 12334 the claim of the organization was sustained.
The facts and arguments in this Docket do not support a different
result. This Claim will be sustained, but at the straight time
rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division "
_-~.c ,~.c- y
Attest:
Catherine Loughrin - I erim Secretary to the Board
Dated at Chicago, Illinois, this 8th day of September 1993.
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