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.
A W A R D
Claim denied.
Form 1 Award No. 29178
Page 2 Docket No. CL-29335
92-3-90-3-235
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.