Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13667
Docket No. 12838
02-2-93-2-208
The Second Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Jesse Farmer et al.
PARTIES TO DISPUTE:
(Gateway Western Railway
STATEMENT OF CLAIM:
"1. Carrier flagrantly violated the Agreement at East St. Louis, IL and
at various other points on the railroad on a daily basis when
Carrier failed/refused to allow Carmen to perform Carmen's work,
instead transferring Carmen's work to other crafts. In particular,
Rules 1 (Scope Rule), Rules 11, 12, 16, 22, 34, and Appendix 1.
Further, Memorandum of Agreement of 1989 and ICC Finance
Docket 31891.
2. Carrier blatantly violated the Railway Labor Act, United States
Code-Title 45, Chapter 8, Sections 155 & 156 through arbitrary
and discriminatory actions.
3. Carrier's actions violate Federal Railroad Administration Rules
215.11, 215.13 & 232.12.
4. Carrier's actions caused violations of the Rail Safety Improvement
Act of 1988.
5. Carrier shall now allow Carmen (#5, claim of February 24, 1993)
pay at 60 days retroactive and continual, eight (8) hours a day,
seven (7) days a week, plus all benefits, including but not limited to
overtime, seniority, vacation pay, health incentive pay, time toward
future vacation pay, personal days, bonuses, and all other monies
and benefits due these Carmen had they not been wrongfully held
from performing Carmen's work by Agreement."
Form 1 Award No. 13667
Page 2 Docket No. 12838
02-2-93-2-208
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 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.