SYSTEM FEDERATION NO. 32, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
DISPUTE: CLAIM OF EMPLOYES: That J. W. Snyder be restored to service at Crawfordsville, Indiana, and paid for all time lost at rate of 78¢ per hour, eight (8) hours per day and six (6) days per week, from April 14, 1939, until restored to service on account of being furloughed April 14, 1939, in violation of Rules 30, 26 and paragraph "B" of Miscellaneous Rule, page 24, of current agreement; also violation of Section VI of the Railway Labor Act, the violation being assignment of carmen from other seniority points to do the work formerly performed by Snyder.
EMPLOYES' STATEMENT OF FACTS: J. W. Snyder was regularly employed as a carman at Crawfordsville, Indiana, since August 14, 1930, having been transferred to Crawfordsville from Lafayette. His duties consisted of inspecting and making necessary repairs to all cars interchanged between the Monon and the Pennsylvania Railroad; also the Monon and the Big Four Railroad at Crawfordsville, Indiana; also inspecting and making repairs to all cars set out for any defect from and between Linden, Indiana, and Roachdale, Indiana, including Crawfordsville, a distance of approximately twenty-two miles. However, Crawfordsville is his headquarters and seniority point; this place has been a seniority point for one or more carmen who have been employed there for a period of many years, possibly fifty or more years.
His duties also consisted of inspecting, repairing and servicing of all cars set for the various shippers at Crawfordsville, and in his territory. The servicing of cars consisted of cleaning cars, removing all blocking or other obstructions left in cars by previous shippers, removing all nails from floors, walls and doors of cars, repairing leaky roofs, doors, etc. In fact, putting the cars in first class condition to be reloaded by the shippers.
Under date of April 8, 1939, J. W. Snyder received a notice from the master mechanic, advising him that at the close of his work day on April 14, 1939, he would be laid off indefinitely in a reduction of force; also for him to leave all keys to buildings with the agent at Crawfordsville (see Exhibit A).
POSITION OF EMPLOYES: We contend in this case that the seniority rules of our Federated Agreement have been violated inasmuch as the master mechanic issued a letter of instructions to his supervisory forces at the various points under date of April 11, 1939, that other carmen than Snyder would be assigned to do any necessary car work at Crawfordsville, and in the territory formerly covered by Snyder (see Exhibit B).
the management's notice to Mr. Snyder of April 8, 1939, was merely an official recognition of that fact, and by the official abolition of the position, Crawfordsville in reality ceased to constitute a seniority point.
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.
Car Inspector J. W. Snyder was properly furloughed, but his furlough did not destroy his seniority rights. When the work requirements of a seniority point or assignment have decreased to the extent that the services of even one employe are not required full time, the agreement permits negotiation to protect the interests of the respective parties and prevents any arbitrary change.
The Division is of the opinion that each of the parties should respect the rights of the other and that an equitable disposition can be made by the representatives of the parties. The Division remands this question to the parties directing that they make an earnest effort to effect an equitable adjustment of the dispute.