SYSTEM FEDERATION NO. 78, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (FEDERATED TRADES)
THE DELAWARE, LACKAWANNA & WESTERN
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: That machinists and helpers, boilermakers and helpers, sheet metal workers and electrical workers employed in the Scranton and Kingston enginehouses were furloughed on April 30, 1940, in violation ,of Rule 22 of current agreement, and that the forty-five (45) men involved be compensated for all time lost.
EMPLOYES' STATEMENT OF FACTS: That prior to and subsequent to the effective date of the current agreement in the motive power and equipment department, when it was necessary to reduce expenses, the hours were reduced to forty (40) and below forty per week before reducing the force.
That on April 30, 1940, thirty three (33) machinists, five (5) machinist helpers, one (1) boilermaker, one (1) boilermaker helper, one (1) sheet metal worker, four (4) electrical workers, employed at the Scranton and Kingston enginehouses were furloughed while said enginehouse employes were working forty-eight (48.) hours per week and before the hours were reduced to forty (40) per week.
POSITION OF EMPLOYES: Rule 22 of the current agreement was written in its present form, agreed to by management and the general committee, for the purpose of providing a method to protect the welfare of both the management and the employes in a manner of reducing the hours before reducing the force when it is necessary for the management to reduce their expenses. Such policy in force under the previous agreement and in force when the current agreement was signed, and made effective, November 1, 1935. Rule 22 in part quoted below.
It is the claim of the employes, first, that when it was necessary to reduce expenses for the month of May, 1940, and by arbitrarily reducing the force at the Scranton and Kingston enginehouse effective May 1, 1940 despite the numerous requests made by the general committee of the System Federation No. 78 upon request of the employes under their jurisdiction, to the carrier requesting that if and when it became necessary to reduce expenses, the hours be reduced to forty (40) per week before the force is reduced (as provided
POSITION OF CARRIER: In the above reductions in forces, carrier gave four days' notice to the men affected and furnished lists to the local committees as provided in Rule 22.
Petitioner's claim, as the carrier understands it, is based on the first sentence of Rule 22 which reads in part as follows:
Nothing in Rule 22 compels the carrier to reduce hours before reducing forces, for Rule 22 states that "hours may be reduced to forty (40) per week
Carrier wishes to call the Board's attention to the fact that in its statement of claim, petitioner claims compensation for time lost by forty-five men. Only twenty-four men were furloughed, twenty-one from Scranton enginehouse and three from Kingston enginehouse.
The above facts indicate that the twenty-four men were properly furloughed and the provisions of Rule 22 strictly complied with. The claim should be declined.
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.