NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22146
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it failed and
refused to compensate Bridge Tender H. C. Licht in accordance with the
Call Rule (Rule 26) for the services he performed prior to and not
continuous with his regular work period on August 20s 22, 26, 27, 28
and 29, 1975 /System File 12-26(76-13) J3/C-4(6)-HCL/.
(2) Bridge Tender H. C. Licht be allowed the difference
between the amount he received and the amount he should have received
under the provisions of the Call Rule for the services he performed
on the dates referred to in Part (1) hereof."
OPINION OF BOARD: The claim presents facts, contentions and rules
similar to the facts, contentions and rules
considered in our Awards 18090 and 21352, which involved the same
Parties. We regard those Awards as controlling in this dispute.
For reasons indicated in those Awards, the claim here must be sustained.
In Carrier's rebuttal statement, they allege - without
confirmation - that compensation demanded in Statement of Claim has
been paid to Claimant. Accordingly, if this allegation is factual,
no further compensation is now due the Claimant under this Award.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
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;
Award Number 22273 Page 2
Docket Number MW-22146
That this Division of the Adjustment Board has jurisdiction
aver
the dispute
involved herein; and
That the Agreement was violated.
A W A R D
Claim disposed of in accordance with Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 12th day of January
1979.