Award No. 636
Docket No. 531
2-MeC-MA-'41
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. 18, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (MACHINISTS)
MAINE CENTRAL RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
That Charles Quimby should be
compensated for eight (8) hours at punitive rate for machinist helper's work
performed by Merrill A. Jones, January 18, 1940.
EMPLOYES' STATEMENT OF FACTS:
There was an agreement in
effect between System Federation No. 80, Railway Employes' Department, A.
F. of L. and the Maine Central Railroad Company. This agreement covers
machinists, boilermakers, electrical workers, their helpers and apprentices.
The effective date was February 10, 1938.
The machinists, their helpers and apprentices, employes of the Maine
Central Railroad, changed their affiliation from System Federation No. 80 to
System Federation No. 18.
Management was duly notified under date of February 25, 1939 that
System Federation No. 18 would continue to represent these employes under
the rules included in the aforementioned agreement, until changed in accordance with the provisions of the Railway Labor Act.
The following rules are contained in the agreement between the parties to
this dispute:-
OVERTIME: SUNDAYS AND HOLIDAYS
Rule 3. All overtime continuous with regular bulletined hours will
be paid for at the rate of time and one half until relieved, except as
may be provided in rules hereinafter set out.
Work
performed on Sundays or the following legal holidays, viz:
Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and
Christmas (provided when any of the above holidays fall on Sunday,
the day observed by the State, Nation or proclamation shall be considered the holiday) shall be paid for at the rate of time and one half,
except that employes regularly assigned to work on Sundays and
Holidays, will be compensated on the same basis as on week days.
Sunday and holiday work will be required only when essential to the
continuous operation of the Railroad.
Rule 4 reads in part:
[666]
636-13
678
The fact that this rule is still in effect and lived up to as occasion requires, is still further proof of the validity of our position.
In the dispute here involved, Rule 35 (a) was not controlling due to the
specific understanding arrived at on March 18, 1938, and outlined in carrier's
Exhibit A, which provided for such extra work to be given to furloughed
Electrician Jones. This arrangement was made at the specific request of the
president of System Federation No. 80 to help provide a living for an employe
whose own field did not permit of full time employment.
In conclusion it must be recognized-
1. There is
no rule in the agreement that contemplates or requires
that an employe holding a regular assignment must be called to
fill day to day vacancies.
2. To the contrary, the practices under the rules in effect restrict
such handling except in emergency.
3. During conference negotiations leading up to conclusion of current agreement, representatives of the employes and carrier were
agreed that furloughed employes of the classification in which
the vacancy occurs, had preferred rights to such work, and in
the absence of such furloughed employes the carrier had the right
to fill such vacancies with available qualified men.
4. The agreement entered into March 18, 1938, between the rep-
resentatives of System Federation No. 80 and the carrier, pro
viding for such spare work as there might be in the helper's
field (not covered by furloughed helpers) be given to furloughed
Electrician Merrill Jones, is definite proof of the mutual under
standing between the Parties of the rules and the practices in
effect under the rules.
5. Request of present general chairman on January 13, 1940, that
restrictions be removed from Machinist Helper Harry A. Sanborn
to permit him to fill temporary mechanic's vacancies, and the
fact that restrictions were removed and Mr. Sanborn
did fill such
vacancies
on twenty-six (26) days during the period April to
October, inclusive, 1940, is definite recognition of the carrier's
position that day to day vacancies may be filled by other than
regular assigned forces in the class.
6. Rule 35 (a) of agreement between the Maine Central Railroad
Company and the Brotherhood of Railroad Station Employes,
dated February 17, 1930, which is still in effect, and which provides that as opportunity permitted, engine house laborers with
fitness and ability were to be given preference in filling vacancies
in helpers' positions in districts where employed, is still further
definite proof of the understanding of the rules and practices
in effect under the rules.
7. For the foregoing reasons, and the fact that Charles Quimby was
relieved from work on Thursday, January 18, 1940, as required
by provisions of Rule 8, quoted in the carrier's statement of
facts, claim should be denied.
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.
636-14
679
The parties to said dispute were given due notice of hearing thereon.
Under the agreement of February 10, 1938, assignment of a furloughed
electrician to machinist helpers' work was improper. When System Federation No. 18 replaced System Federation No. 80, the carrier impliedly
revoked whatever rights it might have under the supplemental agreement
of March 18, 1938, by Mr. Rolfe's statement to representatives of System
Federation No. 18. It is unnecessary to argue further.
AWARD
Charles Quimby to be compensated for eight hours at punitive rate for
machinist helpers' work performed by Merrill A. Jones.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 26th day of June, 1941.