NATIONAL
RAILROAD ADJusTME= BOARD
THIRD DIVISION Docket Number MW-23062
Rodney E. Dennis, Referee
(brotherhood of Maintenance of Way Enployes
PARTIES To DISPUTE:
(Consolidated Rail Corporation (formerly The New York,
( New Raven & Hartford Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Agreement was violated when outside forces were used.
to perform the work of cutting brush, ditching and clearing on the Newport
Secondary Track at Portsmouth Rhode Island (System Docket NH-8 Northeastern
Region - New England Division.
(2) As a consequence of the aforesaid violation, furloughed Track
Department employes L. S. Epstien, D. W. Kerrinsy A. T. Bruscini, K. J. Montague
and K. R. Lee each be allowed one hundred eighty-seven (18T) hours of pay at
their respective straight-time rates and twenty-eight (28) hours of pay at
their respective time and one-half rates."
OPINION OF BOARD: The facts of this case, in our judgment, are
identical with the facts presented to this Board
in Award No. 23034. In that case, involving this Carrier and this Organi
zation, we rendered a sustaining award. We see no reason to repeat our
rationale and restate the arguments a second time. We dog however.. think
it appropriate to again comment on the amount of the award., so that no mis
understandings develop. '
The Board in this case has agreed to award to the named claimants
a total of 215 hours at the pro rata rate.
The hours
are to be equally
divided among them.
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 23036 page 2
Docket Number MW-23062
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained in accordance with Opinion.
NATIONAL RAILROAD ALUUSTMM BOARD
By Order of Third Division
ATTEST:
Execu ive Secretary
Dated at Chicago, Illinois, this 28th day
of
October 1980.
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