Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29178
THIRD DIVISION Docket No. CL-29335
92-3-90-3-235
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
Transportation Communications International Union
PARTIES TO DISPUTE:
!:SX Transportation, Inc. (formerly The Louisville
' and Nashville Railroad Company)

STATEMENT OF CLAIM: -1aim of the System Committee of the Brotherhood
10442) that:

1. Carrier viJIated the Agreement when it failed and/or refused to call the Senior Availatle Employe or an extra clerk to perform extra work done by an employe located at Jacksonville, Florida.

2. Carrier snarl now compensate the Senior Available Employe, extra in preference, at the General Clerks rate of $114.32 for violation of November 14, 1988."

FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier D.- carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division. of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to sa_3 dispute waived right of appearance at hearing thereon.

The underlyin·acts and issues in this case are identical to the facts and issues in -gird Division Award 29175. There is not any evidence in this record which woul-4 warrant an outcome different from the result we reached in Award 2917:. For the reasons more fully set forth in Award 29175, we must deny this Clam.




Form 1 Award No. 29178
Page 2 Docket No. CL-29335
92-3-90-3-235


                            By Order of Third Division


Attest:
Nancy J. r - Executive Secretary

Dated at Chicago, Illinois, this 3rd day of April 1992.