NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION


The Second Division consisted of the regular members and in

addition Referee John P. Devaney when award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 42, RAILWAY EMPLOYES'

DEPARTMENT, A. F. OF L. (CARMEN)




DISPUTE: CLAIM OF EMPLOYES: That the assignment of more than three (3) separate and distinct shifts of employes at any one point of employment, is a violation of Rule 2 of the existing agreements.


EMPLOYES' STATEMENT OF FACTS: There are at present employed at Thomasville, Georgia, machinists, boilermakers, carmen and helpers of these respective crafts. They are divided into groups or shifts as follows:


Shift No.: Employes involved: Starting and Quitting time:
1. 2 Car Inspectors 4 :00 A. M. - 12:00 Noon
 2 Car Oilers and Packers
 2 Machinists
 1 Machinist Helper
 2. 1 Boilermaker 7:30 A. M. - 4:00 P. M.
 1 Boilermaker Helper
 1 Boiler Washer
 1 Engine Box Packer

 2 Car Inspectors 12 :00 Noon - 8:00 P. M.
 2 Car Oilers and Packers
 4. 1 Car Inspector 8:00 P. M. - 4:00 A.M.
 1 Car Oiler and Packer
 1 Machinist
 5. 1 Machinist Helper 10:00 P.M. - 6 :30 A.M.
 1 Engine Box Packer

This arrangement of the employes at Thomasville was made effective August 1, 1940. Prior to this date there had been some two (2) or three (3 ) additional shifts employed.


POSITION OF EMPLOYES: The question of proper application of Rule 2 of the existing agreements has been in process of handling since October 30, 1939, as can be attested by the following letter which we quote:



623-7 627

The assignment of the shifts of carmen forces at Thomasville is arranged in accordance with the necessity of the service, and carrier contends that there is no violation of the agreement in existence prior to November 11, 1940, or the agreement, effective November 11, 1940.


Therefore, respectfully requests the National Railroad Adjustment Board to dismiss this claim.


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 here.


The parties to said dispute were given due notice of hearing thereon.

Under Rule 2 three shifts are permissible. It is also provided that the starting time of the shifts shall be arranged in accordance with the necessities of the service.


The carrier is not required to start the shifts of all employes at a particular seniority point at the same time but may start the shifts, not exceeding three, in each department so as to meet the necessities of the service.




Claim denied.


ATTEST: J. L. Mindling
 Secretary

 Dated at Chicago, Illinois, this 11th day of June, 1941.

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION


INTERPRETATION NO. 1 TO AWARD NO. 623

DOCKET NO. 602


NAME OF ORGANIZATION: Railway Employes' Department, A. F. of L.

(Carmen)


NAME OF CARRIER: Atlantic Coast Line Railroad Company

 Upon application of the representative 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 623 of the Second Division of the National Railroad Adjustment Board applies only to the situation at -Thomasville, Georgia. There was no other question before the Division in this particular dispute, and no recognition was given to any other situation.


The words "each department" appearing in the last paragraph of the Findings of the award means:


      1. The car department at Thomasville, Georgia.


      2. The locomotive department at Thomasville, Georgia.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


ATTEST: J. L. Mindling
 Secretary

        Dated at Chicago, Illinois, this 10th day of September, 1941.


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