SYSTEM FEDERATION NO. 103, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (MACHINISTS)
DISPUTE: CLAIM OF EMPLOYES: That Machinist Bernard Miller was discriminated against in being disqualified to operate boring mill.
EMPLOYES' STATEMENT OF FACTS: March 25, 1940, bulletin was posted in the Montour Railroad shops, Coraopolis, Pa., advertising vacancy in machine shop on various machines. (Copy of same submitted as Exhibit No. 1.) Mr. Bernard Miller, machinist was the only machinist making application for same. (Copy of his bid submitted as Exhibit No. 2) Mr. Miller was assigned to the position according to Rule No. 12 of the shop craft's agreement April 1, 1940. Mr. Miller was disqualified by Mr. J. T. Harper, mechanical superintendent after working a period of five (5) days. During this period, Miller who is competent of operating all other machines, did operate some of them.
POSITION OF EMPLOYES: Mr. Miller was not given a fair trial to qualify for the above mentioned vacancy in accordance with the provisions of Rule No. 12 of the agreement between the Montour Railroad Company and System Federation No. 103, effective June 1, 1939, which reads as
Mr. Miller entered the employment of the Montour Railroad Company as a machinist apprentice November 25, 1929, and completed his apprenticeship August 25, 1934. During this time Miller served approximately two and one half years in the machine shop.
On account of the difficulty experienced by him in learning the machinist's trade, his apprenticeship was not completed until June 1, 1937, some six and one-half years after he started, although four years is the usual apprenticeship period. On that date he was given the full mechanic's rate of pay. During the apprenticeship, his rate of pay ranged progressively from the starting rate of 45 cents per hour to 79 cents per hour. His rate today is the standard machinist's rate of 86 cents per hour.
The complaint filed with your Board is based upon the fact that in March, 1939, Bernard Miller bid on the job of boring mill operator. He was the senior applicant and the job was awarded to him on trial although it was the judgment of the machine shop foreman that Miller was not competent to operate the boring mill. Miller was placed on the boring mill for one week beginning with April 1. The result was a miserable failure throughout the week, with but little accomplished and accompanied by a substantial spoilage of material. He was then put back to work on the floor in the erecting shop, and a written report was given to the undersigned by the mechanical superintendent on April 9 showing the detail of the week's trial on the boring mill. I supplemented this report by conversation with the shop supervisors and after consultation with the General superintendent, I expressed my judgment that Miller should not hereafter be permitted to exercise his seniority with respect to operating the boring mill because of incompetency.
This action does not in any way affect his rate of pay or the amount of his compensation and it creates no hardship for him. Every member of your Board well understands from his own railroad experience that ability to learn and the degree of competency attained in the mechanical crafts varies from low to high as between individuals, and that some individuals do not possess the aptitude to become all around skilled mechanics. Miller is in that situation.
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 facts of record are not sufficient to show that Machinist Bernard Miller was discriminated against.