Award No. 863
Docket No. 811
2-FGE-CM-42
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
RAILWAY EMPLOYES' DEPARTMENT, A. F. OF L.
(BROTHERHOOD RAILWAY CARMEN OF AMERICA)
FRUIT GROWERS EXPRESS COMPANY
DISPUTE: CLAIM OF EMPLOYES:
(A) Under the provisions of the
controlling agreement, the below named senior carmen are each entitled to
eight hours pay on July 24, 25, 28, 29, 30 and 31, 1941, at shop rates of
73/8 cents per hour for inspectors and 66 cents per hour for repairers:
Seniority
Rank Name Wage
Loss
No. 1 Andrizie Papirowski $35.28
No. 2 John Rusin 35.28
No. 3 George Ridgeway 35.28
No. 4 Walter Smith 35.28
No. 5 W. R. Dove 31.68
No. 6 Tony Caporaletti 31.68
No. 7 J. W. Gorham 31.68
No. 8 J. R. Towsey 31.68
No. 10 J. W. Dameron 31.68
No. 11 Marcello Nardinocchi 31.68
No. 12 R. K. Chappelle 31.68
(B) Under provisions of the controlling Agreement, the below named
carmen regularly employed as such, are each, entitled to eight hours pay
on July 29, 30 and 31, 1941, at the shop inspectors rate of 731/2 cents per
hour:
Seniority
Rank Name Wage
Loss
No. 13 C. B. Hansbrough $17.64
No. 14 Samuel Gorham 17.64
No. 15 Eli Dzidich 17.64
No. 17 Wm. Herold 17.64
No. 18 Jim Guiseppe 17.64
No. 19 J. W. Polkinhorn 17.64
No. 20 Wesley Prisaznich 17.64
EMPLOYES' STATEMENT OF FACTS:
At 4 P. M. July 23, and until
7:30 A. M. August 1, 1941, the carmen named in the above statement
of claim, among many others, were laid off by the company.
The company retained in the service on July 24, 25, 28, 29, 30 and 31,
1941, carmen in seniority rank and classification as follows:
[309]
863-6
314
4. The past right and practice of having inspections done by foremen and other supervisors when their time permits never has
been waived or abrogated; such inspection is not "mechanics'
work," either literally or as practically construed in respondent's
shops, so Rule 14-A does not apply.
ARGUMENT.
Respondent wishes to participate in the hearing requested by the
complainants, and reserves the right to submit further facts and argument in rebuttal to their position; but now submits no further argument
than the foregoing statement of facts and the supporting statements of
Messrs. Roth (Ex. 1), Sweeley (Ex. 2), Nagel (Ex. 3), and Smith (Ex. 4)
and their discussions of the rules applied to the facts.
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
involved herein.
The parties to said dispute were given due notice of hearing thereon.
The employes involved in this dispute are governed by Rule 15 (a)
"Seniority of employes shall be determined by length of service
in one of the following departments and shall be confined, to
the point at which employed . . . .
Car erection and repair . . . ."
This is further confirmed by the fact that these employes are carried on
a common seniority roster designated "Car Erection and Repair."
The record is clear that the instant reduction in force was a violation of
the current agreement.
However, considering all the circumstances involved in this particular
dispute, the claim for compensation is disallowed.
over the dispute
AWARD
Claim sustained in accordance with the above findings without compensation.
ATTEST: J. L. Mindling
Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 12th day of November, 1942.