Form
1
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12864
Docket No. 12586
95-2-92-2-115
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Railway Carmen
( (Division of TCU)
PARTIES TO DISPUTE:
(CSX Transportation Inc. (former
( Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
'11.
That the Chesapeake and Ohio Railway Company,
CSX Transportation, Inc., (hereinafter
referred to as `Carrier'), violated the
controlling Shop Crafts Agreement,
specifically Rule 27, when the Carrier
improperly furloughed Carmen K. L. Eskew, R.
A. Coburn, R. W. Mullins, D. L. Criswell, E.
L. Loudermilk, L. R. Koster, J. G. Burt, L. L.
Smith, A. C. Owens, and D. R. Wood.
2. Accordingly, Carmen K. L. Eskew, R. A. Coburn,
R. W. Mullins, D. L. Criswell, E. L.
Loudermilk, L. R. Koster, J. G. Burt, L. L.
Smith, A. C. Owens, and D. R. Wood are
entitled to be recalled to service and be
compensated for all wages lost incurred by
them at the applicable Carmen's rate."
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.
Form 1 Award No. 12864
Page 2 Docket No. 12586
95-2-92-2-115
The crux of the Organization's claim before this Board is that
Rule 27 of its Agreement was violated when Carrier worked Carmen
overtime at Newport News, Virginia, at times when Claimants were
furloughed. Rule 27 is basically a standard Shop Craft force
reduction Rule. There is absolutely no language in the Rule which
prohibits Carrier from utilizing active employees on overtime while
other employees may be furloughed. In fact overtime is not
mentioned in the Rule.
The claim is without merit.
AWARD
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 17th day of April 1995.