SYSTEM FEDERATION NO. 45, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
OF TEXAS
DISPUTE: CLAIM OF EMPLOYES: That Rule 21-1, Subdivision 8, of the agreement between the aforesaid parties was violated by the carrier in maintaining two seniority rosters for this class of employes at one point, Tyler, Texas. That junior employes (carmen) should be laid off, as per Rule 19, irrespective of whether the work is on the little or big rip track.
JOINT STATEMENT OF FACTS: Rule 21 of the current agreement between the parties effective October 1, 1937, reads:
21-1. Seniority as provided for herein shall be determined by the days elapsing after the date of last employment, including time lost by leave of absence, reduction in force, or other excused cause, confined to each point of employment separately, by the craft or subdivision thereof (the seniority of journeymen, helpers and apprentices being separate as between themselves) and seniority list shall be posted as of January 1st of each year by the Trustee at each respective place of employment, and when so posted shall be binding and conclusive on all parties after the expiration of thirty (30) days or until changed by mutual agreement of the employes and the Trustee, to-wit:
on the seniority list now being protested have been continued in service when senior employes on the other roster were laid off. Paragraph 21-3 of the 1937 agreement, quoted in the Joint Statement of Facts, specifically provides that seniority dates as held in the various subdivisions by the various employes will not be disturbed. This rule was inserted in the agreement to cover just such a situation as the instant case. The carrier's position is that it is without authority to deviate from the provisions of Rule 21-3, particularly in view of the fact that at the time the 1937 agreement was negotiated the two seniority rosters were in effect at Tyler.
The carrier, therefore, contends that the rules of the current agreement are being applied and the application should not be disturbed.
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.
Rule 21-1 provides for seniority by the craft or subdivision thereof at point of employment. Therefore, maintaining more than one seniority roster in Sub-division 8 of carmen at Tyler, Texas, was a violation of this rule.