THE CHICAGO, ROCK ISLAND AND PACIFIC
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: That W. H. Becker, laborer at Waurika, Oklahoma, be restored to service and compensated for all monetary loss in wages subsequent to November 16, 1939, account carrier assigning laborers' class of work to employes other than laborers.
EMPLOYES' STATEMENT OF FACTS: Following a series of complaints from the claimant in this case, Mr. W. H. Becker, a joint check of the work in question was arranged for between the undersigned employes' representative and representatives of the carrier.
Mr. S. E. Mueller, superintendent motive pwoer, and Mr. J. M. Kerwin, master mechanic, represented the carrier in making the joint check and investigation which was held at Waurika on November 16, 1939.
The investigation established the fact that one laborer is employed on the first shift and one laborer is employed on the second shift and the necessary locomotive preparatory work on the third shift is being performed by other than laborers. This shift was formerly held by Mr. Becker.
It was further developed in the investigation that a 75-H. P. oil-fired stationary boiler is used to heat fuel and lubricating oils and is in continuous service twenty-four hours per day. The laborers on the first and second shifts are required to care for this boiler in addition to their regular duties; it is fired by other employes on the third shift.
The joint check of the engines handled at Waurika from November 9 to November 16, as taken from train register disclosed the following engines handled in and out of this point.
Thus we find that the general chairman, Mr. Langhofer, and Mr. Frey are in thorough accord at least as to part of the rights of the railway company. They are in thorough accord on the proposition that the railway company has a perfect right to have a machinist helper fill out his day on any smell amount of laborer's work that is necessary.
We do not know how much so-called laborer's work Mr. Langhofer says is performed by the machinist helper, but for any differences which may exist in the positions of Mr. Langhofer and our statements as to the amount of time put in on so-called laborer's work, we are not responsible. We always have been, and are now, ready and willing to have a joint detailed check made on the ground by representatives of the parties. If it be found that but a small part of the time of the machinist helper is used in the performance of so-called laborer's work, the claim must be declined because Mr. Langhofer and the railway are in thorough accord, as evidenced by the letters of August 28, 1939, and September 2, 1939, that the railway company under these circumstances is not required to maintain an additional position of laborer at Waurika.
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 dispute involved herein.
Claim dismissed without prejudice to the rights of either party to resubmit this dispute.