.® see Award No. 14928
Docket No. M'W-14847
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
David H. Brown, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TENNESSEE CENTRAL RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when
(a) the positions held by Carpenters Alvin McCormick,
Othel Carr, Farris Givens, B&B Helpers Dallas Loden, Arnel
Green, Kenneth Loden, B&B Laborers Claude Treadway and
Virgil Treadway were abolished and said employes laid off
at the close of work on February 21, 1963 without benefit of
five (5) working days' advance notice of such force reduction.
(Carrier's file 191-95.)
(b) the positions held by Carpenters R. A.
Hughes,
W. H. Albright, B&B Helpers J. F. Rollins, Robert Crawford,
Henry Hembree, B&B Laborers J. L. Holley and E. L. Porter
were abolished and said employes laid off at the close of work
on February 19, 1963 without benefit of five (5) working
days' advance notice of said force reduction.
(2) (a) Each employe named in Part (1-a) of this claim
be allowed sixteen (16) hours' pay (2 days-February 25 and
26) at his respective straight time rate to reimburse him for
the monetary loss suffered as a result of the violation described in Part (1-a) of this claim.
(b) Each employe named in Part (1-b) of this claim
be allowed twenty-four (24) hours' pay (3 days-February
20, 21 and 25) at his respective straight time rate to reimburse him for the monetary loss suffered as a result of the
violation described in Part (1-b) of this claim.
EMPLOYES' STATEMENT OF FACTS: At 9:30 A. M. on Monday,
February 18, 1963, Foreman Silvers advised the claimants named in Part 1(a)
of our "Statement of Claim" that their positions would be abolished at the
close of work on Thursday, February 21, 1963.
OPINION OF BOARD:
The same basic questions which are presented in
this case were before this Board in Docket MW-12471, Award 12831, involving
these identical parties. Finding no palpable error in that decision we must hold
such opinion controlling herein. The claims are correctly presented and will
accordingly be sustained to the extent for which demand is made.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
AWARD
Claims sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 10th day of November 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
14928