NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
SYSTEM FEDERATION No. 103, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
NEW YORK CENTRAL RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: That Lawrence Severino and
Thomas Abernethy should receive four days' pay for each time they were
laid off between May 25 and October 31, 1938, on account of not getting
four days' notice as required by Rule 27 of the shop crafts' agreement.
JOINT STATEMENT OF FACTS: At Ashtabula, Ohio, there is a seniority point known as the Old Shop, which takes in the employes on the
freight repair track, the East and West yards, and Carson.
Thomas Abernethy and Lawrence Severino, furloughed carmen, carried
on this seniority roster, were called to work at Carson and worked the
number of hours on the dates shown and also were used for other work
as shown on the following statement:
Date Thos. Abernethy Lawrence Severino Date Thos. Abernethy Lawrence Severino
Hours Hours Hours Hours
1938 Worked Station WorkedStation 1938 Worked Station Worked Station
May June
25 91/2 Carson - 14 10 Carson 10 Carson
26 9 " - 15 - -
27 - - 16 - -
2 8 11
1/Z
" - 17 10
t/z
10 % "
29 - - 18 - -
30 - - 19 - -
31 10 - 20 - -
June 21 - -
1 - - 2 2 8 % " 81
/a
2 - - 23 - -
3 - - 24 - -
4 9% 9Y2 Carson 25 8 -
5 - - 26 - -
6 - .-- 2 7 12 12 "
7 10 " 10 " 28 10
44
10
8 - - 29 - -
9 - - 30 - -
10 - - July
11 12 " - 1 13 " 13 "
12 - - 2 - -
13 - - 3 - -
[125] .
451-7
131
who were absent or as extra men not taking the place of regular men.
Accepting such employment during months involved, Abernethy and Severino
accumulated the following time:
Abernethy Severino
Straight Time Overtime Straight Time Overtime
June 1938 70-1/3 Hours 20-1/6 Hours 80 Hours 14-1/2 Hours
July 1938 96 29 152 " 27-1/2
Aug. 1938 112 " 15 144 " 16-1/2 "
Sept. 1938 136 " 32 " 160 19- "
Oct. 1938 152 39-1/2 168 44-1/2 "
At the conferences in Mr. Walber's office, as hereinbefore described, it
was brought out that on August 29, 1939, the carrier reestablished at
Carson one trick, consisting of two men working six days per week. On
September 1, 1939, the carrier established three regular shifts, two men
per shift, six days per week. On October 8, 1939, it became necessary to
establish these three shifts on a seven-day per week basis. These jobs continued on the seven-day basis until November 27, 1939, when navigation
slowed up to the extent that we reduced this to one shift per day, two men
per shift.
This clearly shows that regular shifts are established when the flow
of business makes such arrangements feasible. To say that regular shifts
should be maintained whether the flow of business is sufficient or not, is
not conducive to efficient operation, or required by any provision of the
agreement.
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.
The evidence of record shows that Thomas Abernethy and Lawrence
Severino were called to work at Carson, Ashtabula and Coalburg at various
intervals from May 25, 1938, to the close of October, same year, and in
each instance were worked one, two or more days.
The carrier should compensate Messrs. Abernethy and Severino on the
same basis as they would have if it had been understood that recalling
furloughed employes in this manner constitutes a restoration of force as
contemplated by Rule 27.
Carmen Abernethy and Severino were entitled to four days' notice in
accordance with provisions of Rule 27. Where the carrier failed to give
notice required by the rule, the employes shall be paid accordingly.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 30th day of April, 1940.
Serial No. 10
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
INTERPRETATION NO. 1 TO AWARD NO. 451
DOCKET NO. 458
NAME OF ORGANIZATION:
Railway Employes' Department, A. F. of L.
(Carmen)
NAME OF CARRIER: New York Central Railroad Company
Upon
application jointly submitted by the carrier and the representatives
of the employes involved in the above award, that this Division interpret the
same in the light of the dispute between the parties as to its meaning, as
provided for in Sec. 3, First (m) of the Railway Labor Act, approved June
21, 1934, the following interpretation is made:
Award 451 means that the employes are entitled to pay on the
basis of what they would have been allowed if the four days' notice
rule had been observed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 12th day of December, 1940.
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