Award No. 8882
Docket No. 779
2-Erie-FO-'42
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 100, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (FIREMEN & OILERS)
ERIE RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
That the carrier violated Rule 18
and Section 6 of the amended Railway Labor Act and that accordingly Mr.
A. Muzi be reimbursed for all pay lost as a result of having his hourly rate
cut.
EMPLOYES' STATEMENT OF FACTS:
Mr. A. Muzi worked as engine
wiper for ten years prior to November 25, 1941, on the 11 to 7 trick at the
rate of 47¢ per-hour. Mr. J. Agnelli, firecleaner on the 11 to 7 trick, receiving 550 per-hour, bid in another job. This created a firecleaner's vacancy on that trick which was bid in by Mr. A. Muzzi and he was so assigned November 25, 1941, at which time his rate was arbitrarily reduced
from 550 per-hour to 50¢ per hour.
POSITION OF EMPLOYES:
That there is no wage scale in the current
agreement of 1934 and it was understood that existing rates would be maintained until changed in accordance with Rule 18 which reads as follows:
This agreement shall become effective October 1, 1934, and shall
continue in effect until May 1, 1935, and thereafter until revised or
changed, of which intention thirty (30) days' notice shall be given by
the party desiring the change.
That the carrier violated Section 6 of the Amended Railway Labor Act
when it cut this rate in violation of the section of the Act which reads as
follows:
Carriers and representatives of the employes shall give at least
thirty days' written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and
place for the beginning of conference between the representatives of,
the parties interested in such intended changes shall be agreed upon
within ten days after the receipt of said notice, and said time shall be
within the thirty days provided in the notice. In every case where
such notice of intended change has been given, or conferences are
being held with reference thereto, or the services of the Mediation,
Board have been requested by either party, or said Board has prof
fered its services, rates of pay, rules, or working cbnditions shall
. not be altered by the carrier until the controversy has been finally
acted upon as required by Section 5 of this Act, by the Mediation
Board, unless a period of ten days has elapsed after termination of
conferences without request for or proffer of the services of the .
Mediation Board.
[423]
ss2-3
425
1. The hourly rate of A. Muzi was not "cut" as alleged in employes'
statement of claim.
2. The uniform rate of fire cleaners was established in 1931, prior to
the effective date of the Railway Labor Act, as amended, and
there was no dispute pending.
3. The rate was established prior to Rules for Mechanical Department Employes (Firemen & Oilers) effective October 1, 1934.
A position of fire cleaner was established at Salamanca, New
York effective October 16, 1933, at the uniform rate of forty-five
(45) cents per hour in accord with the 1931 understanding.
4. A. Muzi, the employe involved in this claim, worked as fire cleaner
at Salamanca, New York, December 1, 1939, to August 15, 1941,
rate fifty (50) cents per hour, without protest.
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 waived right of appearance at hearing thereon.
The evidence of record shows that the fire cleaners' rate of pay at Salaman~a, N. Y., was such as is claimed by the employes when the present
agreement was taken over by System Federation No. 100, and no evidence
has been produced to show that the parties subsequently agreed to reduce
the established rate of pay for these employes at the point involved.
The claim of the employes that no authority has been shown for the right
of carrier to reduce existing rates of pay subsequent to the acceptance of
the existing rules of agreement, which included the then existing rates of
pay, must be sustained.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD ,
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 10th day of December, 1942.