SYSTEM FEDERATION NO. 100, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (FIREMEN & OILERS)
DISPUTE: CLAIM OF EMPLOYES: That the carrier at Salamanca, New York, removed from service Laborer Carl Muzi in violation of current agreement, effective October 1, 1934, and that accordingly he be restored to service and reimbursed for all time lost.
EMPLOYES' STATEMENT OF FACTS: Laborer Carl Muzi entered the service of the carrier at Salamanca, New York on November 6, 1941, and remained therein until January 11, 1942, when he was removed from service with the explanation that his employment application .was not approved.
POSITION OF EMPLOYES: The employes certify that no notice has been received from the carrier to revise the seniority provisions of the agreement as provided for in Rule 18, reading-
The carrier's position relative to the right to approve or reject the employment application of an employe within a period of ninety days, creates a new and an arbitrary rule, for there is no such implied language or right contained in any rule between the covers of our current agreement.
It is the employes' position that Carl Muzi, upon entering the service of the carrier on November 6, 1941, established employment relations, rights, protection and benefits of all provisions of the current agreement, and all of which is confirmed by Rule 11-(b) reading:
The employes further contend that Carl Muzi was discharged on January 11, 1942, by the carrier without a proper investigation to determine whether or not dismissal action would be justifiable, and in violation of Rule 17 (a), reading-
An employe coming under the scope of this agreement will not be disciplined by record, suspension (except by pending investigation) nor discharged, without sufficient or just cause, until the proper investigation has been made; such investigation will be made at the earliest possible time.
It is finally contended that the disapproval of the claimant's application, would not constitute "sufficient or just cause" for dismissal, within the meaning of provisions of the current agreement.
CARRIER'S STATEMENT OF FACTS: Carmine Carl Muzi was an applicant for employment as laborer, Salamanca, New York. He was informed and understood that he was being permitted to start work pending approval of his employment application, and his attention was called to the paragraph on page three (3) of the application, reading as follows:
Application was disapproved by the employment department and Muzi was so informed by the supervising officer at Salamanca, New York.
POSITION OF CARRIER: This claim of C. C. Muzi is similar to the claims of Laborers Whalen, Vandermark, Laconi, Decker and Miiglionico, Docket 739-Erie-FO; and Laborer Walter J. Montgomety, Docket 746-ErieFO, which dockets are now pending with the Second Division; also claim of George Meagley, statement submitted April 28, 1942.
Applicants for employment who are permitted to work are not considered as employes until their applications are approved by the employment department, and this is called to the attention of all applicants when they complete Application Form 2187. When employment is approved, their seniority dates from day "pay starts."
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. 869-3 344