1942 1942

over over

Month 1942 1941 1940 1941 1940

January 1117 730 719 53 55

February 1026 652 612 57 68

March 1013 791 669 28 51

April 1066 750 685 42 56

May 115,8 844 735 37 58

June 1111 783 619 42 79

July 1192 853 759 40 57

August 1313 1101 951 19 38

September 1442 1183 966 22 49

October 1443 1266 995 14 45

In regard to Rule 34, the carrier knows of no part of this rule that was violated in working the apprentices in the enginehouse at Grand Junction seven days per week. Paragraph (r) of this rule reads:

Apprentices shall not be assigned to work on night shifts, and shall not be allowed to work overtime, except in an emergency, or to complete work on which engaged at close of regular daily assignment, until the last two hundred ninety (290) days of their apprenticesships.

and it is the carrier's position that the present situation not only constitutes an emergency under the provisions of this paragraph of the rule, but that these employes were used on work absolutely essential to the continuous operation of the railroad, and consequently work performed comes within the provisions of Rule 6 (b) quoted below.

1. That Grand Junction is strictly a runner repair point and the work performed by the apprentices on Sundays and holidays is work that is essential to the continuous operation of the railroad.

2. That the present situation with respect to the shortage of mechanical department employes, together with the large increase in engines handledthe number handled during the ten-month period January to October 1942 inclusive being 33 per cent greater than the same period in 1941 and 54 per cent greater than the same ten months in 1940-created an emergency which made necessary the assignment of apprentices on Sundays and holidays and in accordance with the provisions of Paragraph (b) of Rule 6 which reads:

Work performed on Sundays and the following legal holidays, namely, New Year's Day, Washington's Birthday, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas (provided when any of the above holidays fall on Sunday the day observed by the State, Nation or Proclamation shall be considered the holiday), shall be paid for at the rate of time and one-half, except that employes necessary to the operation of power house, millwright gangs, heat treating plants, train yards, running-repair and inspection forces, who are regularly assigned by bulletin to work on Sundays and holidays, will be compensated on the same basis as on week days, Sunday and holiday work will be required only when essential to the continuous operation of the railroad.

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 evidence of record discloses a violation of Rule 34 (r) of the prevailing agreement in the work assignment of the machinist apprentices, and it supports the conclusion that under Rule 6 (b) of that agreement the machinist apprentices are entitled to time and one-half for all Sunday and holiday work in fact performed by them on and after December 25, 1941. The work arrangement and basis of payment followed in this proceeding can properly be employed only by mutual assent of the parties, as an express modification of the prevailing agreement.

AWARD