NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12631
Docket No. 12522
93-2-92-2-44
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 'carrier')
violated the controlling Shop Crafts Agreement,
specifically Rules 2 and 27, by failing to give
Carmen D. L. Criswell, E. G. Damron, R. A. Coburn,
J. H. Chapman, R. R. Walker, T. L. Proctor and L.
Coster, a proper five day notice of reduction of
force on August 15, 1990, when no emergency condition existed. When said Carmen were available,
willing and qualified to perform on their shift.
2. That, accordingly, the Chesapeake & Ohio Railroad
Company (CSX Transportation, Inc.) be ordered to
additionally compensate Carmen D. L. Criswell, E.
G. Damron, R. A. Coburn, J. H. Chapman, R. R.
Walker, T. L. Proctor and L. Coster at the applicable straight time rate for eight (8) hours each for
the Carrier's direct violation of Rules 2, and 27."
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.
The basic issue in this case, a question of what is the
appropriate rate of compensation for attending instructional
Form 1 Award No. 12631
Page 2 Docket No. 12522
93-2-92-2-44
classes, has been decided in three recent Awards of this Board,
involving this organization and this Carrier. In Second Division
Awards 12234, 12235, and 12400 the Board denied claims of the
organization for time and one-half payments for attending class,
taking hearing tests, and participating in an Operating and Safety
Rules examination. These Awards have not been shown to be in
palpable error. They will be followed in this case.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Catherine Loughrin Interim Secretary to the Board
Dated at Chicago, Illinois, this 8th day of December 1993.