Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 14018
Docket No. 13900
10-2-NRAB-00002-090013
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 (a) and
(i), when they did not call in Carman Richard Sibley to work on
February 3, 2008.
2. That, accordingly, the Springfield Terminal Railway Company
be required to compensate Carman Richard Sibley in the
amount of eight (8) 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.
Form 1 Award No. 14018
Page 2 Docket No. 13900
10-2-NRAB-00002-090013
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The facts of the instant dispute are very similar to those outlined in Second
Division Award 14016 except for a different Claimant, location and claim date. The
issue, however, is identical to the aforementioned Award. It deals with an allegation
that a Supervisor drove to an interchange point to inspect a pipe train. The
arguments and positions taken by both parties in the prior Award are the same and
will not be repeated herein for the sake of brevity.
For the same reasoning set forth in Award 14016 the Board finds and holds
that there was no violation of the Agreement and the claim must be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 14th day of January 2010.