Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12922
Docket No. 12815
95-2-93-2-197
The Second Division consisted of the regular members and in
addition Referee Robert E. Peterson when award was rendered.
(International Brotherhood of Firemen
( and Oilers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake
( and Ohio Railway Company)
STATEMENT OF CLAIM:
"1. That under the current and controlling
agreement the Firemen & Oilers working at
Huntington Locomotive Shop on the load box
positions supporting the 'Standard Line' have
been denied proper compensation since June 15,
1992.
2. That accordingly, we are requesting (20)
minutes pay at time and one-half rate for all
the Firemen & Oilers at the Huntington Shop
who were not allowed the paid lunch since June
15. We are requesting that the 1st and 2nd
shifts be a paid lunch as per Rule 4."
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. 12922
Page 2 Docket No. 12815
95-2-93-2-197
This dispute involves the same parties, -=a same Claimants,
and the same issue as in Second DivisiDn Awar-_ 12921 before this
Board, except that it is here more specifically claimed that
because two Laborers assigned to the standard line inspection
operation which the Carrier established on June 15, 1992, are
directed on occasion to wash locomotives at the Load Box area of
the Huntington (West Virginia) Locomotive Shop, that all Laborers
at the Huntington Shop therefore be recognized as covered by Rule
4(c) in the establishment of a three-shift operation, and thereby
entitled to a 20 minute paid lunch period.
In keeping with past Awards of the Board which have held that
the progression of duplicate claims or grievances covering a like
matter is inconsistent with the intent of the Railway Labor Act in
providing for the prompt and orderly settlement of disputes growing
out of the interpretation or application of agreements covering
rates of pay or working conditions, the claim will be dismissed.
(See Second Division Awards 12343, 11999 and 11394, and the Awards
cited therein.)
AWARD
Claim dismissed.
ORDER
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 16th day of August 1995.