NATICfIAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-27084
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATE.' OF CLAIM: Claim of the System Committee of the Brotherhood
-7749) that:
(6
7 ) Carrier violated ~he Agr11 eement 15b, 16re, 18t,
1pa9,i
on June 5 2o, 21, 21,
22, 23, 24, 15, 26, 29, A, 26, 29, 30, July 1. 2, 2,-3, 3, 4, 7, 7, 8. 9,
10, 10, 11, 12, 12, 13, 13, 14, 14, 15, 16, 17, 123, 18, 19 and 19,
1973, it caused and permitted Train Dispatchers located at Deshler,
Ohio to engage in the blocking of trains using the Bowling Green Sub
Division at Tontogany, Ohio, and
(2) Carrier shall., as a result, compensate Operators R. M.
Long, J. M. Lovejoy, J. F. Spangler, T. D. Thompson, D. W. Luderman,
R. M. Long, R.-M. Lang, J. M. Lovejoy, J. M. Lovejoy, J. F. Spangler,
D. W. Ludermaa, M. E. Starkey,, G. L. Raamno, J. M. Lovejoy, W. T.
Byrum, J. M. Lovejoy, J. M. Lovejoy, T, D..Thoapson, G. A. Fitch, C. R.
Rush, R. C. Edington, G. L. Romano$ J. N. Dean, J. M. Lovejoy, J. F.
Spangler, D. W. Iuderman, J. F. Spangler, L. J. Becker, M. E. Starkey,
N. J. Sumdrup, G. L. Romano, W. T. Byrum, T. D. Thompson, J. F.
Spangler, D, W. Luderman, C. R. Rush, M. E. Starkey, G. L. Romano,
J. M. Lovejoy,, W, T. Byrum, J. M. Lovejoy, P. M. George, J. F.
Spangler, G, A. Fitch, T. D. Thompson, D. W. Luderman, N. J. Sun ,
W. T. Hyr=, J, M. Lovejoy, W. T. Byrum and J. M. Lovejoy, three
hm:ra; pay for the dates of June 5,
6,
7, 8, 9, 10, 11, 11, 13, 14, 15,
16, 18, 19, 20, 21, 21, 22, 23, 24, 25, 26, 26, 28, 28, 29, 30, July 1,
29 2, 3, 3,
4,
7, 7, 8, 9, 10, 10, 11, 12, 12, 13, 13, 14, 14, 15, 17,
18, 18, 19 and 19, 1973 respectively, also compensate operators R. M.
Long and M. A. Douglas two (2) hours pay for the dates of June 11. and
16, 1973.
OPINION OF
BOARD: The basic issues involved in this case have been
extensively reviewed and ruled upon in two prior
Awards of this Division--Award Nos. 21074 (Lieberman) and 21326
(Lieberman), both involving the name parties as here.
Award Number 21575 Page 2
Docket Number CL-21084
Based upon the entire record of this case, and in view of
out previous decisions as listed above, which have not been shown to
be palpably erroneous, we cannot find a contractual basis for the
result desired by petitioner. Therefore we must deny this claim on
the basis of res Judicata.
FINDINGS: The Third Division of the Adjustment Board, upon the whale
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 not violated.
A W A R D
Q3a7,m denied.
NATIONAL RAURCAD AD.n15TMENT BQAxD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 17th day of June 1977.