SYSTEM FEDERATION NO. 22, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (BLACKSMITHS)
ST. LOUIS, SAN FRANCISCO AND TEXAS RAILWAY
COMPANY
1. That since February 1, 1943, the carrier has arbitrarily assigned a third class blacksmith (helping-blacksmith) to operate the large bulldozer furnace in violation of the controlling agreement and Rule 45, second paragraph thereof.
2. That the carrier be ordered to assign a second class blacksmith to operate this large bulldozer furnace.
EMPLOYES' STATEMENT OF FACTS: At the west locomotive blacksmith shop, Springfield, Missouri, the carrier maintains and operates a large bulldozer and three forging machines. The capacities of these forging machines are 11/2, 21,E and 3 inches, and they principally make bolts and small forgings. These forging machine furnace operators (heaters) are classified as second-class blacksmiths and paid an hourly rate of 80¢. The bulldozer furnace is the same size as the forging machine furnace, and the bulldozer furnace operator (heater) is classified as a third-class blacksmith (helping blacksmith) and paid an hourly rate of 68¢. Various locomotive and passenger coach parts are annealed or heat-treated in this bulldozer-large furnace, such as coach brake beams, locomotive eccentric rods and valve motion, including the heating of other material, varying in sizes upward to 11/2 X 5 inches X 8 feet 6 inches and 11,4 X 6 inches X 7 feet 6 inches long.
The carrier declines the employes' request on the pretext this bulldozer furnace has never been classed as a large one and that a first-class blacksmith can be assigned to cover a position belonging to a second-class blacksmith. See letter dated April 8, 1943, signed by Mr. C. P. King, assistant to chief operating officer, Frisco Lines, submitted and identified as Exhibit A. The controlling agreement is dated effective October 1, 1937, Rule .45, second paragraph.
We consider the assignment of first-class blacksmith and helper is properly supported by the agreement; that there is no violation of Rule 45, as claimed by the employes, and your Board is earnestly requested to so find.
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 record does not contain, nor did subsequent information from the parties give sufficient evidence for this Division to determine whether second class blacksmiths' work was performed in the operation of the bulldozer in the instant case.
and is clear and unambiguous that heating on furnaces is second class blacksmiths' work.
INTERPRETATION NO. 1 TO AWARD NO. 1021,
DOCKET NO. 945
Upon application jointly submitted by the carrier and the representatives of the employes involved in the above award, that this Division interpret the same in the light of the dispute between the parties as to its meaning, as provided for in Section 3, First (m) of the Railway Labor Act, approved June 21, 1934, the following interpretation is made:
The Award being: "Claim to be disposed of in accordance with the above findings."
The employes claim that since February 1, 1943, the carrier has arbitrarily assigned a third class blacksmith (helping-blacksmith) to operate a large bulldozer furnace in violation of the controlling agreement and Rule 45, second paragraph thereof.
As stated in the findings, there was not sufficient information furnished this Division to determine whether second class blacksmiths' work was performed in the operation of the bulldozer in the instant case. Rule 45 of the controlling agreement provides that the heating on large fires, furnaces and heat treating furnaces is second class blacksmiths' work. The facts of the case should be determined and applied accordingly.