Form 1 NATIONAL RAILROAD ADJUSTMENT
BOARD
SECOND DIVISION
Award No. 13553
Docket No. 13451)
00-2-99-2-53
The Second Division consisted
of
the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen Division
( Transportation Communication International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and Ohio
( Railroad Company)
STATEMENT OF CLAIM
:
"Claim
of
the Committee of the Union that:
1. That the Carrier did violate Rule 142 and 142
1/z
of the Agreement
when they failed to call Carmen for a yard derailment and
employed an outside contractor with its ground forces to perform
Carmen work within the yard limits.
2. That the Carrier be ordered to pay Claimants: L. Whitson, W.
Kincer, K. Thomas, J. Allen, C. Baker and J. Winebrenner five (5)
and one half (%z) hours time and one-half Carmen rate of pay for
this willful violation."
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. 13553
Page 2 Docket No. 13450
00-2-99-2-53
Parties to said dispute were given due notice of hearing thereon.
The facts in this case are identical to those contained in Second Division Award
13552. The
only
difference being six Claimants instead of four, five and one-half hours
claimed
in
lieu of four, and four cars derailed rather than just one.
The Organization advanced the same arguments in pursuing this violation, and
the Carrier mounted the same defense. This claim is denied for the same reasons set
forth in Second Division Awards 13552, 13528, 13424 and 8361.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 29th day of September, 2000.