Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12751
Docket No. 12687
94-2-93-2-77
The Second Division Consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railway Carmen/Transportation
( Communications International Union
PARTIES TO DISPUTE:
(Midsouth Rail Corporation
STATEMENT OF SIM:
"(a) The Southrail Corporation violated the
Agreement when it failed to properly
compensate all carmen affected by the National
Freight Lock-out.
(b) The Carrier will now compensate all carmen who
were not properly paid on July 10, 1992, in an
amount equal to what such employees would have
earned had they not been prohibited by carrier
from performing regular service.
(c) Proper payment, as outlined above, will also
restore any and all benefits which would have
normally been provided."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee within
themeaning 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 essential facts and circumstances in this Docket are the
same as those in Second Division Award 12750.
For the same reasons as discussed in Award 12750, this claim
is denied.
Form 1 Award No. 12751
Page 2 Docket No. 12687
94-2-93-2-77
AWARD
Claim denied
O R D B R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) not
be made.
National Railroad Adjustment Board
By order of Second Division
Dated at Chicago, Illinois, this 13th day of September 1994.