NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO 12, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (MACHINISTS)
CHICAGO AND NORTH WESTERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
That Machinist C. D. Swift should
be restored to service on mechanc-in-charge position at Des Moines, Iowa,
and compensated for loss of wages since May 6, 1942, under controlling
agreement and Rule 25 thereof.
EMPLOYES' STATEMENT OF FACTS: C. D. Swift has a seniority
date as a machinist of December 2, 1915, and C. M. Runner has a seniority
date as a machinist of September 16, 1923, at Des Moines, Iowa.
On April 14, 1942, C. M. Runner was holding day position of mechanicin-charge at Des Moines, Iowa, enginehouse and C. D. Swift was holding
night position of mechanic-in-charge; also on April 14, 1942, the following
notice was posted at the Des Moines enginehouse:
Clinton, Iowa,
April 14, 1942
Bulletin Notice
To all Concerned:
A reduction in force will be made at Des Moines of one Mechanicin-Charge, C. D. Swift, on the 8:00 P. M. to 5:00 A. M. position,
at the close of this shift April 20, 1942.
W. S. Whitford, Master Mechanic
and before the expiration of the bulletin, C. D. Swift notified Master
Mechanic Whitford, that, being
a
senior machinist at the point to C. M.
Runner, he desired to place himself on the day mechanic-in-charge position
under provisions of Rule 25 of the controlling agreement, which he was permitted to do.
On May 6, 1942, C. D. Swift was notified that he was being displaced
by C. M. Runner, who would report for work on the position May 7, 1942.
POSITION OF EMPLOYES:
C. M. Runner was transferred to Des
Moines, Iowa, September 16, 1923, as a regular foreman and, being a
machinist, was given seniority date on machinist roster as of date he transferred to Des Moines after he had been there thirty days in accordance
with provisions of Rule 18 of the controlling agreement which reads
Employes transferred from one point to another, with a view of
accepting a permanent transfer, will, after thirty days, lose their
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2. On a shift where but one mechanic, classified as mechanicin-charge is employed, he will be permitted to do any and all
mechanics work.
3. At a point where service requirements necessitate the employment of a mechanic in addition to the mechanic-in-charge,
a machinist will be employed, both of whom will be permitted
to do any and all mechanics work.
4. On a shift or at a point where service requirements necessitate employment of two mechanics in addition to the
mechanic-in-charge or mechanics-in-charge, as the case may be,
a machinist and then a boilermaker will be employed, all of
whom will be permitted to do any and all mechanics work.
The total mechanics employed at the point shall not exceed
five.
5. On a shift or at a point where service requirements necessitate employment of three mechanics in addition to the
mechanic-in-charge or mechanics-in-charge, as the case may be,
the third mechanic will be of a class determined by agreement between the railway company officers and General Committee, System Federation No. 12. The mechanics and
mechanics-in-charge will be permitted to do any and all mechanics work.
6. On a shift where service requirements necessitate employment of four mechanics in addition to the mechanic-in-charge,
consideration will be given to the employment.of a sheet metal
worker. The four mechanics and the mechanic-in-charge will
be permitted to do any and all mechanics work.
7. In filling positions of mechanics-in-charge, senior mechanics
at the point will be given preferred consideration.
The above agreement will remain in full force and effect until
changed by agreement between the Officer in Charge of Personnel and
General Committee, System Federation No. 12, Railway Employes'
Department, A.F.of L., or until thirty days' notice in writing shall
have been served by the party desiring the change on the other party
thereto.
FOR THE EMPLOYES: FOR THE RAILWAY COMPANY:
(S) R. C. Gaeth (S) M. E. Pangle
Gen. Chairman, Assistant to President
System Federation No. 12.
Chicago, Ill.-May 23, 1939.
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 parties to said dispute were given due notice of hearing thereon.
Under provisions of memorandum agreement effective June 1, 1939
(Exhibit B), the classification of positions covered thereby was changed from
working foreman to mechanic-in-charge. Under provisions of agreement of
1921 (Exhibit A), vacancies in positions of working foremen were filled by
appointment. However, in revisions of said agreement, effective June 1,
1939 (Exhibit B), Item 7 was agreed to, which provides:
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"In filling positions of mechanics-in-charge, senior mechanics at
the point will be given preferred consideration."
The same principle should apply in reverse order when reducing the position of "mechanic-in-charge."
Mr. Swift, who was senior to Machinist Runner should have been given
preferred consideration for the position in question.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 9th day of November, 1942.