DISPUTE: CLAIM OF EMPLOYES: That Rule 2 and the interpretation thereto, paragraphs (c) and (d), has and is being violated at Champaign, Illinois, and that the employes involved be paid accordingly as provided in the current schedule.
EMPLOYES' STATEMENT OF FACTS: At the Champaign roundhouse there are:
Three shifts assigned, beginning at 7:00 A. M., 3:00 P. M. and 11:00 P. M., each working eight (8) consecutive hours with an allowance of twenty minutes for lunch with pay;
One shift assigned from 7:00 A. M. to 4:00 P. M. with an allowance of one hour for lunch without pay; and
One shift assigned from 8:00 P. M. to 5:00 A. M. with an allowance of one hour for lunch without pay.
At the Champaign passenger station prior to November 7, 1939 (approximate date) there were:
Three shifts of carmen assigned, beginning work at 5:30 A. M., 3:00 P. M. and 8:30 P. M., with an allowance of thirty minutes for lunch on the shift beginning at 5:30 A. M., and an allowance of one hour for lunch on the shifts beginning at 3:00 P. M. and 8:30 P. M., all such lunch periods without pay; and
Two shifts of machinist helpers, one shift working from 11:30 A. M. to 9:30 P. M. with two (2) hours off for lunch without pay between 3:45 P. M. and 5:45 P. M.; the other shift working from 9:30 P. M. to 6:30 A. M., with one (1) hour off for lunch without pay between 2:30 A. M. and 3:30 A. M.
At the Champaign passenger station, subsequent to the request filed by the employes representatives -on date of October 22, 1939, on November 7, 1939 (approximate date) carmen and machinist helpers were placed on a three-shift basis of eight consecutive hours, with an allowance of twenty minutes for lunch with pay, beginning work at 7:00 A. M., 3:00 P. M. and 11:00 P. M., whereby all emplqyes begin and quit work at the same time. However, the employes at the passenger station were not paid the overtime worked in the overtime hours of each respective shift betwen October 22, 1939 and November 7, 1939 (the latter an approximate date).
Position of employes in Second Division Award 196 reads in part: "We contend that any work performed . . on Wrecker X-109 on Sunday .
could not . . . be considered as running repairs and inspection, or essential to continuous operation of the railroad." The synonymy between "running repairs and inspection" and "essential to continuous operation" is again indicated.
This is admission that the "running repair and inspection force" make such minor repairs that they can, and this is identical with the condition here. This is further substantiated in the position of employes in Awards 167, 279 and 319.
This grievance was presented and handled by the secretary of System Federation No. 99 with the local officers and above, but not by any duly authorized local committee. Carrier has no knowledge of any employes or local committee at Champaign having reported violation of any provisiong of the agreement, as is evidenced by carrier's Exhibit B. This is a clear case where the general committee has instituted and progressed a claim to secure a "hoped-for" interpretation to stretch the meaning of an interpretation beyond that intended when it was negotiated and beyond reasonable meaning of the language used.
With respect to that portion of the claim for overtime for forces at passenger station from date presented to date changed. Rule 2 says lihat starting time ". . . shall be arranged by agreement between local officers and employes committee based on actual service requirements." As there were no local committees, agreements to cover starting times based on service requirements were made with the individuals, and when this grievance was received the situation was reviewed and some changes made. Paragraph (f) of the interpretation permits certain exceptions subject to approval or change by management and general committee, which naturally presupposes some preceding action. The penalty claim is not in equity because the grievance was immediately investigated and the purport of agreement promptly complied with.
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.
This dispute involved the application of Rule 2 of the current agreement and its interpretation, paragraphs (c) and (d), at Champaign, Illinois.
The record shows the following assignment of forces at Champaign Roundhouse: 653-14 76
Three shifts assigned, beginning at 7:00 A. M., 3:00 P. M., and 11:00 P. M., each working eight (8) consecutive hours, with an allowance of twenty minutes for lunch, with pay.
One shift assigned from 7:00 A. M. to 4:00 P. M., with an allowance of one hour for lunch, without pay.
One shift assigned from 8:00 P. M. to 5:00 A. M., with an allowance of one hour for lunch, without pay.
It was the general practice to work the two shift assignments on repairs with the three shift assignments a considerable part of the time, which is in conflict with the provisions of Rule 2 and interpretation of Rule 2 (Section A), negotiated in conference, effective December 1, 1938.
The re-assignment of the car department forces is admittedly in accordance with the provisions of Rule 2.