(CORRECTED)
NATIONAL RAILROAD ADJUSTNRNT BOARD
SRCOND DIVISION
Form 1 Award No. 12788
Docket No. 12781
94-2-93-2-166
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
PARTIES TO DISPUTE: (Brotherhood of Railway Carmen Division/
(Transportation Communications
( International Union
(
(Elgin, Joliet and Eastern Ry. Co.
STATEMENT OF CLAIM:
"1. That the Elgin, Joliet and Eastern Railway
Company violated the current Working
Agreement, when it failed to properly
compensate carmen M. Mejia, M. Lopez, G.
Castillo, T. Orasco, C. Numes, M. Moholick, M.
Stainback, J. Stevens, C. Highfill, P. Lopez,
L. Lee, J. Gabriel, R. Burroughs, E. Franzen,
D. Hulbert, A. Disalvo, P.C. Attaway, G.
Sweetwood, H. Smith, G. Kennedy, E. Johnson,
T. Stainback, all at the current pro rata rate
of pay for June 25 & 26, 1992 affected by the
National Freight Lock-Out.
2. That the Elgin, Joliet and Eastern Railway
Company be ordered to compensate all carmen in
above item one (1) who were not properly paid
on July 9, 1992, in an amount equal to what
such employees would have earned had they not
been prohibited by the Elgin, Joliet and
Eastern Railway Company from performing
regular Carmens work, who all were available,
qualified and willing to work.
3. Proper payment, as outlined above will also
restore any and all benefits which would have
normally been provided.
Form 1 Award No. 12788
Page 2 Docket No. 12781
94-2-93-2-166
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 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.
Although certain of the factual allegations vary, our review
of the record in this case demonstrates that the same issues are
presented here that were presented in Second Division Award
12787.
Our Award in that case, issued this date, is equally
applicable here and forms the basis for a denial Award.
A W A
R D
Claim denied.
O R D E 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 17 day of November, 1994.