Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13666
Docket No. 12830
02-2-93-2-209
The Second Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Sam Loyd
PARTIES TO DISPUTE:
(Gateway Western Railway
STATEMENT OF CLAIM:
"1. Carrier flagrantly violated the Agreement at E. St. Louis, Il. on
dates of May 30, 1991, and continually thereafter when it failed
and/or refused to permit bid on position #106 and by senior
employee Mr. Sam Loyd, instead awarding said positions to junior
employee H. Johnson.
2. Carrier further flagrantly violated the Agreement at E. St. Louis,
IL. On dates of November 14,1991, and continually thereafter when
it failed and/or refused to call back senior carman S. E. Loyd to fill
vacancy of Vacation Relief, instead awarding position to junior
carman W. Small.
3. Carrier flagrantly violated the Agreement, Memorandum of
Agreement and "Sadie Hawkins Day" on dates on November 23,
1991 and thereafter when it failed and/or refused to call back senior
carman S. Loyd to additional carmen's position at E. St. Louis, IL.,
instead calling back junior employee W. Brand.
4. Carrier violated the Railway Labor Act, and in specific, Sections
155, 156 and 157, Chapter 8, U.S. Code Title 45.
5. Carrier practiced biasness, harassment of Mr. Loyd, and double
standards through Carrier's actions in initiation and interpretation
of "Sadie Hawkins Day" and application thereof.
Form 1 Award No. 13666
Page 2 Docket No. 12830
02-2-93-2-209
6. Carrier further possibly violated ICC Rules and Regulations
through Agreements with Santa Fe and CSX railroads, i.e.
complaint filed September 6, 1991 (Finance Docket No. 31891) -
Brotherhood of Locomotive Engineers and International
Association of Machinists & Aerospace Workers v. Atchison,
Topeka & Santa Fe Railway Company and Gateway Western
Railway.
7. Carrier's continued violations of Controlling Agreement,
Memorandum of Agreement, The Railway Labor Act, and ICC
Rules and Regulations are interpreted as Carrier's intent to destroy
Carmen's seniority and grievance rights.
8. (a) Carrier shall now allow senior bid on position #106 by carman
S. Loyd; (b) Carrier shall now allow senior carman S. Loyd call
back on preferred hire list, retroactive, in accordance with
seniority.
9. Carrier shall now allow Mr. Loyd sixty (60) days pay retroactive
and continual, all overtime, Holidays, bonuses, personal days,
health incentive days, vacation pay, accumulated time towards
future vacation, all seniority rights, and all other rights, monies and
benefits Mr. Loyd would have been entitled to had he not been
wrongfully denied his senior bid-in and preferred hire-in rights
10. Carrier shall now post proper carmen's seniority roster as seniority
allowed under previous owner Illinois Central Gulf railroad before
line sale to Chicago, Missouri and Western Railway (which filed
bankruptcy and separated CM&W into SPCSL and GWWR). Or,
one which is not protested by Lodge 6566 members."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 13666
Page 3 Docket No. 12830
02-2-93-2-209
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 were given due notice of hearing thereon.
A full review
of
the record fails to provide proof of the alleged violations as cited
in the Statement of Claim.
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 11th day
of
February, 2002.