Award No. 172
Docket No. 190
2-MP-MA-'37
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (MACHINISTS)
MISSOURI PACIFIC RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
That Machinist J. F. Allen, North
Little Rock, Arkansas, be paid for shortage due to being required to check
out while handling grievances in roundhouse total amount involved 4 hours
and 20 minutes at rate of 81¢ per hour.
EMPLOYES' STATEMENT OF FACTS:
Mr Allen is employed as machin
ist at North Little Rock shops; he is duly elected chairman of Machinist Lodge
No. 325, which includes machinist employes in both back shop and round
house at that point. Mr. Allen was, on December 1, 2, 4, 7, and 8, required
to check out at back shops for the purpose of handling grievances with
master mechanic of roundhouse, being penalized the amount as set forth in
claim.
POSITION OF EMPLOYES:
We take the position that the management
in requiring Mr. Allen to check out of back shop, with the resulting loss of
time, for the purpose of handling grievances in roundhouse, violated Rule 31
(a) and (b) of wage agreement.
"Rule 31 (a). Should any employe subject to this agreement
believe he has been unjustly dealt with, the case shall be taken to the
r
Foreman, General Foreman, Master Mechanic or Shop Superintendent
and Superintendent, each in their respective order, by the duly author
ized local committee or their representative. Stenographic report of
the investigation will be taken if requested; the aggrieved employe
and his representative shall be furnished a copy.
(b) All conferences between local officials and local committees to
be held during regular working hours without loss of time to commit
teemen or other employe representation."
Employes' Exhibit A, letter, indicates that Mr. Hubener by his contention
assumes an attitude of discrimination. Employes' Exhibit B, letter signed by
Mr. Garber (third paragraph), is an admission of violation, and to substan
tiate this claim we respectfully refer the Board to Rule 31 (d)
"Rule 31 (d). Should the Chief Mechanical Officer and the ag
grieved employe or his representative fail to agree, appeal may be
made to the highest official designated by the railroad for handling
appeals. If further appeal is taken, it shall be handled in accordance
with the Railway Labor Act."
which governs cases of this nature insofar as pay is concerned.
We also respectfully refer the Board to the fact that committeemen of
other crafts, with the exception of boilermakers, had not, prior to time this
case was appealed to Mr. Clements, been required to check out of back shop
when handling grievances in roundhouse.
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conferences between officials and local committees at other than between
"local officials and local committees in the North Little Rock back shops," is
denied, as there are no rules in our agreement to support their claim.
While our schedule rules are not identical with those of the National
Agreement, the essence thereof is the same, and the interpretation placed
thereon by the Assistant Director during Government control clearly defines
the intent of the National Agreement rule, viz
Rule 35 of the National Agreement:
" . All conferences between local officials and local committees
to be held during regular working hours without loss of time to committeemen."
Interpretation of Assistant Director:
"Beg to advise that it was not the intent of this rule to allow local
committees to hold conferences with officers of various departments as
outlined during working hours without loss of time.
The rule was intended to permit local committeemen in the maintenance of equipment department to handle grievances with the local
officials having jurisdiction over such department without loss of time
by having conferences arranged during working hours to handle such
matters, and was intended to provide similar arrangements for local
committees in the maintenance of way and other departments."
Employes on the Arkansas Division are separate and apart from those of
the back shops; the seniority rosters are separate and apart, and for all intent
and purposes it is a separate and distinct department, the back shops being
under the jurisdiction of Mr. A. Hubener, shop superintendent, and confined
to the one point-Little Rock, whereas those under the jurisdiction of the
Division master mechanic, Mr. E. R. Hanna, are at several different points
on the Arkansas Division, headquarters of the master mechanic being at
Little Rock, Arkansas.
FINDINGS:
The Second Division of the Adjustment Board, upon the
whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe 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.
The parties to said dispute were given due notice of hearing thereon.
Paragraph (b) of Rule 31, which refers to "local officials," means those
officers located at such local point, up to and including the master mechanic
or shop superintendent, and provides that no loss of time will be suffered by
"committeemen or other employe representation" when handling grievances
with such officials.
AWARD
Claim of employes sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 9th day of August, 1937.