SYSTEM FEDERATION NO. 6, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (BOILERMAKERS)
A. That the controlling agreement rules were violated by this carrier when on March 15, 1942, Boilermaker Helper J. H. Lesley, employed at Dalhart, Texas, was required to change shifts at the straight time rate of pay.
B. That Boilermaker Helper Lesley be compensated for eight (8) hours at the time and one-half rate or twelve (12) hours at the basic hourly rate of seventy (70) cents per hour.
EMPLOYES' STATEMENT OF FACTS: This carrier, prior to March 15, 1942, was employing only two (2) shifts of boilermakers and helpers at Dalhart, Texas.
On March 15, 1942, business conditions were such on the division on which Dalhart, Texas, is located that it was considered expedient and necessary by management to increase those shifts to three, allowing them an "around the clock" running-repair force to handle the increase in business more efficiently.
Boilermaker Helper Lesley, prior to this increase in shifts, was working what was then the second shift, with a starting time at 8:00 P. M. and quitting time at 4:00 A.M.
The addition of this third shift made a rearrangement of forces and starting time necessary so as to properly sandwich in the second shift between the first and third, so that each succeeding shift would immediately follow the other to cover the full twenty-four (24) hour period.
The new second and third shifts so created were bulletined. Boilermaker Helper Lesley did not bid on these bulletined jobs for the simple reason this rearrangement of forces and shifts were not to his liking, with the result that he was forced to accept the third shift, starting at midnight and ending at 8 A. M., and for which he claimed the time and one-half rate, but which, as the employes' statement of claim indicates, was declined.
POSITION OF EMPLOYES: That the rearrangement of forces at Dalhart, Texas, on March 15, 1942, was solely an act of this carrier and was executed for its benefit and not that of the employes involved.
As Mr. Lesley, being junior boilermaker helper on the seniority roster at Dalhart, did, in preference to remaining out of service, secure the 12 M to 8. A. M. position on basis of his seniority rights, he actually exercised such rights and, that being so, he was governed by the second paragraph of Rule 7 and the claim should be declined.
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.
The claimant's assignment was changed by the carrier from a shift starting at 8 P. M. to a shift starting at 12 midnight. Provisions of Rule 7 support the employes' claim.