PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 95, RAILWAY EMPLOYES'

DEPARTMENT, A. F. OF L. (CARMEN)


CHICAGO, BURLINGTON AND QUINCY RAILROAD

COMPANY


DISPUTE: CLAIM OF EMPLOYES: That the carrier violated the October 1, 1940 agreement by:






(a) Restore the packing room to the Mechanical Department, and

EMPLOYES' STATEMENT OF FACTS: At St. Joseph, Missouri shops, carrier maintained in the mechanical department a packing room, in which the claimant, Carman Helper H. Anderson, was regularly assigned from 8 A. M. to 4:30 P. M. six days per week.


On or about April 24, 1942, carrier arbitrarily transferred the packing room equipment and work a distance of about three hundred feet to the store department employes, and at 4:30 P. M., April 24, 1942, claimant was arbitrarily laid off.


Claimant H. Anderson entered the service of the carrier as a carman helper on April 16, 1937, and he continued in the service as such until laid off on April 24, 1942.


The carrier has declined to restore the packing room work to the carman or restore the claimant to service with compensation for all time lost.


At the time the claimant was laid off as packing room attendant, he was reclassified as laborer.


This packing room work has been performed by carmen helpers since April 16, 1937.


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Employes now required to perform the service here made a basis of dispute are not in the mechanical department. Therefore, this work is not within the purview of agreement relied upon by the claimants. This was definitely understood when the agreement of October 1, 1940, was negotiated as will be hereinafter conclusively proved.


The rule covering the classification of carmen helpers proposed by the petitioning organization in negotiations which culminated in the agreement effective October 1, 1940, reads as follows:


Employes regularly assigned to help carmen and apprentices, employes engaged in washing and scrubbing the inside and outside of passenger coaches preparatory to painting, removing of paint on other than passenger cars preparatory to painting, stock keepers (car department) operators of bolt threaders, nut tappers, drill presses and punch and shear operators (cutting only bar stock and scrap) holding on rivets, striking chisel bars, side sets, and backing out punches, using backing hammer and sledges in assisting carmen in straightening metal parts of cars, cleaning journals, assisting carmen in erecting scaffolds, and all other work generally recognized as carmen's helpers' work, shall be classed as helpers.

The carrier respectfully requests that cognizance be taken of the fact that no reference whatever is therein contained with respect to "Packing Room Attendants."


Moreover, in letter dated September 8, 1942, System Federation No. 95 served notice under Section 6 of the Railway Labor Act as amended of desire to revise the agreement of October 1, 1940. This letter is submitted herewith as carrier's Exhibit No. 1. The provision proposed by the organization dealing with work which should be performed by carmen helpers, as set forth in proposed agreement which accompanied Exhibit No. 1, reads as follows:


Employes regularly assigned to help carmen and apprentices, employes engaged in washing and scrubbing the inside and outside of passenger coaches preparatory to painting, removing of paint on other than passenger cars preparatory to painting, car oilers and packers, stock keepers (car department) operators of bolt threaders, nut tappers, drill presses and punch and shear operators (cutting only bar stock and scrap) holding on rivets, striking chisel bars, side sets, and backing out punches, using backing hammer and sledges in assisting carmen in straightening metal parts of cars, rebrassing of cars in connection with oilers'- duties, cleaning journals, repairing steam and air hose, assisting carmen in erecting scaffolds, and all other work generally recognized as ca rmen's helpers' work, shall be classed as helpers.

Thus it will be seen that the petitioning organization has definitely recognized that it does not have jurisediction over work such as that involved in the instant dispute and the proposed schedule provision hereinabove quoted is positive verification of that fact.


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.

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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.

 Neither practice nor the nature of the work of reclaiming journal box
 packing on this carrier makes such work exclusively the work of mechanical
 department employes. The record discloses that on this carrier the work is
 performed by both stores department and mechanical department employes.
 Nor does Rule 70 give mechanical department employes the exclusive right to
 this work; this rule refers to "Packing Room Attendants in the Mechanical
 Department," clearly implying that there might be packing room attendants
 in some other department. Rule 70 simply provides that employes assigned to
 perform work of packing room attendants in the mechanical department shall
 be classed as carmen helpers and paid a certain rate, and does not purport to
 give to mechanical department employes the exclusive right to the work here
 involved. _

Claim denied.


ATTEST: J. L. Mindling
 Secretary

 Dated at Chicago, Illinois, this Sth day of June, 1943.