SYSTEM FEDERATION NO. 18, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (MACHINISTS)
DISPUTE: CLAIM OF EMPLOYES: That the language contained in Rule 58 with reference to differential rate means that said differential rate shall be paid for each and every day that a machinist is asssigned to I. C. C. inspection work.
Further, that the requirement to pay differential rate, does not depend on whether or not the inspection was certified on the day the inspection was performed.
That the machinists who have been assigned to I. C. C. inspections shall be compensated five (5) cents per hour above the minimum rate paid machinists, for every day they were so assigned and not so compensated since the effective date of the current agreement, and during the period said agreement remains in force.
EMPLOYES' STATEMENT OF FACTS: There is an agreement in effect between the parties to this dispute. The effective date of that agreement was February 10, 1938. The representation of the machinists and boilermakers, employes of the Maine Central Railroad, has since been changed from System Federation No. 80 to System Federation No 1.8.
Rule 58-At points where there are fifteen (15) or more engines tested and inspected each month, and Machinists are required to swear to Federal Reports covering such inspection, a Machinist will be assigned to handle this work in connection with other Machinists' work and will be allowed five cents (5 ¢) per hour above Machinists' minimum rate.
At points or on shifts, where no inspector is assigned and Machinists are required to inspect engines and swear to Federal Reports, they will be paid five cents (5 ¢) per hour above the Machinists' minimum rate for the days such inspections are made.
The practice of the carrier has been to assign an inspector to the work for a number of days and then require him to certify the inspections at a later date. The employe is then paid the differential rate only for the days that he signs the certificates.
namely, Messrs. Moran, Hodgkins, Scott and Sullivan, who were present, might be asked by you their understanding of the intent of the Parties at the time of the negotiations. This, you suggested was improper, inasmuch as all parties present were representing Labor.
Irrespective of this showing, you advised that you were to progress this matter to the Second Division of the National Railroad Adjustment Board."
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.
"At points where there are fifteen (15) or more engines tested and inspected each month, and machinists are required to swear to Federal Reports covering such inspection, a machinist will be assigned to handle this work in connection with other machinists' work and will be allowed five cents (5¢) per hour above Machinist's minimum rate.
At points, or on shifts, where no inspector is assigned and Machinists are required to inspect engines and swear to Federal Reports, they will be paid five cents (5 ¢) per hour above the Machinist's minimum rate for the days such inspections are made.
Autogenous Welders shall receive five cents (5 ¢) per hour above the minimum rate paid mechanics."
There being no inspector assigned to the point named, there being less than fifteen (15) engines tested and inspected each month, the second paragraph of the above rule applies, and the machinists should be paid accordingly.
Machinists shall be paid five (5) cents per hour above the machinists' minimum rate for the days such inspections, as required by the rule, are made. This Award is retroactive only to the date the dispute was initiated.