Award No. 595
Docket No. 570
2-PT-CM-'41
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 18, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
PORTLAND TERMINAL COMPANY
DISPUTE: CLAIM OF EMPLOYES:
That the shifts at the Rigby Yards,
Portland Terminal Company, Portland, Maine, be in compliance with Rule 2,
of the current agreement and the memorandum of understanding, dated
August 2, 1937.
JOINT STATEMENT OF FACTS:
The following shows the assignment
of employes in the car department of the Portland Terminal Company in the
locations and on the dates as they appear:
Force and Assignments as of August 18, 1937
Class
Air Rack Man
Pass. Repair Men
as needed
Millman
Wreckmaster
Blacksmith
Blacksmith Hlpr.
as needed
Number
of Men
Force and Assignments as of August 19, 1937
Force and Assignments as of February 21, 1940*
Assigned Number Assigned Number Assigned
Hours of Men Hours of Men Hours
RIGBY REPAIR TRACK
6 AM- 2 PM 1
6 AM- 2 PM
1 6 AM- 2 PM
1 6 AM- 2 PM
1 6 AM- 2 PM
6 AM- 2 PM
8 AM- 4 PM
3 8 AM- 4 PM
1 8 AM- 4 PM
1 8 AM- 4 PM
1 8 AM- 4 PM
1 SAM- 4PM
2 8 AM- 4 PM
3 8 AM- 4 PM
1 8 AM- 4 PM
1 8 AM- 4 PM
1 8 AM- 4 PM
1 8 AM- 4 PM
Painter 1 6 AM- 2 PM 1 8 AM- 4 PM
Carman Helpers 2 6 AM- 2 PM 2 8 AM- 4 PM 1 8 AM- 4 PM
Carman "C" 28 6 AM- 2 PM 28 8 AM- 4 PM 19 8 AM- 4 PM
Carman-Insp.
In Yard
Carman-Insp.
11 11
*Date check made.
RIGBY YARD INSPECTION
2
2
2
4
4
2
2
4
8 AM- 4 PM
2 PM-10 PM
3 PM-11 PM
4 PM-12 Mid 8 4 PM-12 Mid 8 4 PM-12 Mid
6 PM- 2 AM 2 6 PM- 2 AM
9 PM- 5 AM 6 9 PM- 5 AM 9 9 PM- 5 AM
lOPM- 6AM
11 PM- 7 AM
3 11 PM- 7AM
595-21
481
The verbatim record of the entire minutes of conference for July 13,
1937 is now handed to the chairman for the Board's record.
The record conclusively proves that--
1. Rule 2 (a) specifically provides that the starting time of crews
shall be arranged by mutual understanding consistent with the
economical and efficient dispatch of work and requirements of the
service, and meet the convenience of the employes as far as practicable.
2. Memorandum of understanding dated August 2, 1937, agreed to
between the management and the employes in conjunction with
Rule 2-Starting Time-specifically provides that further changes
in hours of assignments may be made from time to time by mutual
understanding when it is necessary to meet the requirements of the
service.
3. Prom the verbatim minutes of the conferences, as quoted, it is
clearly evident that the representatives of the employes and the
management were in agreement as to the intent ,of both the rule
and memorandum of understanding.
4. The assignments here in dispute were set up in strict compliance
with the provisions of Rule 2 (a)-Starting Time-and memorandum of understanding dated August 2, 1937.
5. There is nothing in Rule 2 (a), the memorandum of understanding, ox the verbatim minutes, which in any way intimates that the
shifts in Rigby yard should be-
8 A. M. - 4 P. M:
4 P. M. -12 Midnight
12 Midnight - 8 A. M.
6. The claim of the employes here in dispute-
That the shifts at the Rigby Yards, Portland Terminal
Company, Portland, Maine, be in compliance with Rule 2, of
the current agreement and the Memorandum of Understanding,
dated August 2, 1937.
has been, and is now being, complied with.
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 claim in this case reads:
"That the shifts at the Rigby yards, Portland Terminal Company,
Portland, Maine, be in compliance with Rule 2, of the current agreement and the Memorandum of Understanding, dated August 2, 1937."
The record shows that both Rule 2 and the memorandum of understanding, dated August 2, 1937, and effective August 19 of the same year, are
595-22
482
still in full force and effect; therefore the claim of the employes must be
sustained.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 25th day of March, 1941.
Serial No. 12
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
INTERPRETATION NO. 1 TO AWARD NO. 595
DOCKET NO. 570
NAME
OF
ORGANIZATION: Railway Employes' Department, A.
F. of L.
(Carmen)
NAME
OF
CARRIER: Portland Terminal Company
Upon application of the representative of the carrier 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:
Your request for an answer to each of the specific six questions
outlined in your letter is inconsistent with the claim as originally presented to this Division and upon which Award No. 595 was rendered.
Circular No. 1 of the National Railroad Adjustment Board under
the caption "Form of Submission-Statement of Claim" reads:
"Under this caption the petitioner or petitioners must
clearly state the particular question upon which an award is
desired."
Award No. 595 of the Second Division sustained the claim as presented, following the Finding that both RULE 2 and MEMORANDUM
OF UNDERSTANDING dated August 2, 1937, are still in full force
and effect.
The language contained in RULE 2 and the MEMORANDUM OF
UNDERSTANDING is direct and specific; indicating that "The starting time of work and meal period and the duration of each shall be
arranged
by mutual understanding, consistent with the economical and
efficient dispatch of work and the requirements of service, and meet
the convenience of the employes as far as practicable."
This language
means neither party may arbitrarily decide the starting time of work
as the rule definitely states that such "shall be arranged by mutual
understanding." Certainly the phrase "mutual understanding" implies
reciprocal relations; that -is, due regard for the company's requirements as well as for the convenience of the employes, to the extent
practicable.
The very fact that a
MEMORANDUM OF UNDERSTANDING
concerning the application of RULE 2 (a) was entered into on August
2, 1937, constitutes ample evidence of a proper conception of the requirements set out in this rule. In this
MEMORANDUM OF UNDERSTANDING
it was
"FURTHER AGREED"
that "further changes in
hours of assignments may be made from time to time at these and
other points within the jurisdiction covered by this agreement, by
mutual understanding as specifically provided for in this rule, if and
when it is necessary to meet the requirements of the service." It fol-
[663]
Serial 12-2 664
lows, therefore, that such changes in hours of assignment that may be
made shall be arranged in the very same manner as the record shows
the necessary changes were made on August 19, 1937.
It is very clear to the members of the Second Division that management and the employe representatives considered the application
of RULE 2 (a) and mutually agreed to place an interpretation
thereon by the very specific language used in the MEMORANDUM
OF UNDERSTANDING of August 2, 1937.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 16th day of June, 1941.