Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13993
Docket No. 13877
09-2-NRAB-00002-080027

The Second Division consisted of the regular members and in addition Referee William R. Miller when award was rendered.

(Brotherhood Railway Carmen Division of TCIU PARTIES TO DISPUTE:


STATEMENT OF CLAIM:












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.
Form 1 Award No. 13993
Page 2 Docket No. 13877
09-2-NRAB-00002-080027

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.




The facts of the case are that the Carrier issued an abolishment notice at 1:00 P.M., on Wednesday, March 28, 2007 indicating that the Claimant's Position No. C60 at Waterville, Maine, would be abolished at the end of the day on Sunday, April 1, 2007.





Although a different Claimant and position are involved, this case is identical to the claim decided in Second Division Award 13991. The arguments and positions taken by both parties in the aforementioned Award are the same and, will not be repeated for the salve of brevity.


Therein the Board thoroughly reviewed the underlying facts and issues involved in this dispute which address the question of what constitutes a proper five day abolishment notice. For the same reasons expressed in that Award, the Board finds and holds that the claim must be denied.





Form 1 Award No. 13993
Page 3 Docket No. 13877
09-2-NRAB-00002-080027



This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Gaimant(s) not be made.

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Second Division


Dated at Chicsga, Illino* this 11th day d February 2009.