Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13407
Docket No. 13190
98-2-96-2-107
The Second Division consisted of the regular members and in addition Referee
Margo R. Newman when award was rendered.
(System Council No. 6
( International Brotherhood of Firemen and Oilers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard
STATEMENT OF CLAIM:
"1. The SCL Railroad Company violated Article I of September 25,
1964 Agreement when F&O D. W. Hayes was receiving a dismissal
allowance pursuant to the protective benefits of the September 25,
1964 Agreement, was offered a position at another point, namely
Waycross, GA and forfeit said dismissal allowance that he was
receiving.
2. That accordingly, CSXT be ordered to reinstate Firemen and Oiler
D. W. Hayes' guarantee with any and all benefits attached thereto
as provided by the September 25, 1964 Agreement beginning April
13, 1993:'
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.
Form 1 Award No. 13407
Page 2 Docket No. 13190
98-2-96-2-107
Parties to said dispute were given due notice of hearing thereon.
Except as to the identity of the Claimant, the date of his furlough and receipt of
dismissal allowance, his home location and the location of his transfer, this dispute is
based upon the same arguments and Agreement language considered in Second Division
Award 13406. For the reasons stated therein, the Board reaches the same conclusion.
AWARD
Claim sustained.
ORDER `
This Board, after consideration ofthe dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 16th day of June 1999.