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Award No. 20344 and 20106 of First Division; 4974 and 5152 of Second Division; 12131 and 15062 of Third Division and 1382 and 1585-Interpretation No. 1 of Fourth Division as well as those cited therein.

P. R. Humphreys

H. F. M. Braidwood

F. P. Butler

H. K. Hagerman
C. L. Melberg

Keenan Printing Co., Chicago, Ill.

Printed in U.S.A.

Award No. 5136

Docket No. 4979

2-C&O-CM-'67

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in
addition Referee Harold M. Weston when award was rendered.

PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 41, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)

THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Southern Region)

DISPUTE: CLAIM OF EMPLOYES:

1. That under the current agreement, Carman J. E. Christian was unjustly dealt with and his service rights violated when he was not given the privilege of working overtime in compliance with Rule 11 of the Shop Crafts Agreement.

2. That accordingly, the Carrier be ordered to compensate Carman Christian eight (8) hours at the carman applicable time and one-half (1%) rate for September 4, 1964.

EMPLOYES' STATEMENT OF FACTS: Carman J. E. Christian, hereinafter referred to as the claimant, is employed as such, by the Chesapeake and Ohio Railway Company, hereinafter referred to as the carrier, in its yards at Russell, Kentucky as a car inspector on the second shift, with a work week Thursday through Monday, rest days Tuesday and Wednesday. The carrier's Russell Yards is a large yard where trains are made up, switched and cars are repaired.

On September 3, 1964 Carman W. T. Sammons was first out on the overtime board, was called and refused said call. Carman H. Vanderhoof Sr., was second out and could not be reached by telephone. Carman H. Gambill third out, called and accepted, leaving the claimant first out.

On September 4, 1964 it was necessary to call one man from the carmen's overtime board and the claimant who was first out, his name was ignored. Carman Sammons was called again for the first shift in violation of rule 11 of the shop crafts agreement. This was called to the attention of the carrier's General Car Foreman, Perkins and he agreed to take corrective measures but failed to do so. After calling to the attention of the

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