DEPARTMENT, A. F. OF L. (CARMEN)
MISSOURI PACIFIC RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES.-Claim of Coach Carpenter W. E. Scoggins for compensation equal to twenty-eight days pay at coach carpenters' rate, 81 cents per hour, a net amount of $164.02, for time lost due to being discharged, effective December 11, 1933.
EMPLOYES' STATEMENT OF FACTS.-Coach Carpenter W. E. Scoggins was discharged from service December 11, 1933, and reinstated February 7, 1934.
POSITION OF EMPLOYES.-That Coach Carpenter W. E. Scoggins was discharged from service by the Missouri Pacific Railroad account of affiliating with the B. R. C. of A. and not for cause as claimed by management, i. e., Mr. Scoggins was relieved from service account defective workmanship on mail and baggage car 2551.
We contend that Missouri Pacific Railroad discriminated against Mr. Scoggins according to facts hereinafter set forth. On November 15, 1933, Mr. Scoggins was assigned to apply new side sheets on mail section of MP car 2551 ; he performed this work in the usual and customary manner driving some 600 rivets. then checking over his work when he got through and found no defects or loose rivets. Local supervision then inspected his work and finding no dafects assigned a painter force to the job, who sanded, puttied, and primed the ::isle sheets applied by Scoggins.
On, or about, December 7th, and approximately some 22 days later, following removal of car to paint shop, the foreman sent for Scoggins and called his attention to some rivets which he marked out. Mr. Scoggins again inspected these rivets but could not find, where any of them were defective. However, Mr. Arnold Insisted that he cut out the rivets and apply new ones.
We further contend that local supervision failed to provide the necessary facilities so that this particular job of riveting could be properly performed.
If the trucks and other obstacles had been removed it would not have been necessary to drive rivets from the original head from the outside. Therefore it can he readily seen that the helper in; bucking these rivets was at a distinct disadvantage and could not apply sufficient leverage.
We submit for your consideration Exhibit A which seems to clearly indicate that Coach Carpenter Scoggins, was removed from service solely on account of his activities in organizing the B. R. C. of A. We also contend that any waiver for compensation signed by Mr. Scoggins was done so under duress and not. of his own free will. Therefore, in accordance with Rule 32 (e) of agreement in effect April 1, 1929, and up to and including current agreement November 1, 1934:
CARRIER'S STATEMENT OF FACTS.-W. E. Scoggins last employed as a coach carpenter April 21, 1923, in the car shops. at North Little Rock, Arkansas; dismissed from service Dec. 11, 1933, account unsatisfactory work following investigation afforded him pursuant to our wage agreement with the shop employes, at which he was represented by representatives of his choice, chairman and secretary, of the shop crafts (Carmen) at North Little Rock shops.