Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 14014
Docket No. 13896
10-2-NRAB-00002-090009
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: (
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Employees':
1. That the Springfield Terminal Railway Company violated the
terms of our current Agreement, in particular Rules 2.1, 29.2,
29.5 and 30.2, when they arbitrarily ordered or otherwise
allowed Supervisor Scott Giguere to perform Carman's work at
a derailment in Jay, Maine.
2. That, accordingly, the Springfield Terminal Railway Company
be required to compensate Carman Timothy Locke in the
amount of ten and one-half (10 112) hours at the overtime rate of
pay. This is the amount he would have earned had the Carrier
not violated the Agreement."
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. 14014
Page 2 Docket No. 13$96
10-2-N RA B-00002-090009
Parties to said dispute were given due notice of hearing thereon.
The facts of this case are nearly identical to those outlined in Second Division
Award 14013 (except for a different Claimant). It involves the same date, the same
location and is the second derailment discussed in the former Award. The
arguments and positions taken by both parties in the aforementioned Award are the
same and will not be repeated herein for the sake of brevity.
For the same reasoning set forth in Award 14013 the Board finds and holds
that the Claimant shall be compensated a call in accordance with the applicable Call
Rule.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the 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 14th day of January 2010.